02-09-2017 Regular Commission Meeting AgendaCity Commission
]Enid Weisman, Mayor
Marc Narotsky, Vice Mayor
Denise Landman, Commissioner
Dr. Linda Marks, Commissioner
Gladys Mezrahi, Commissioner
Robert Shelley, Commissioner
Howard Weinberg, Commissioner
City Manager
Eric M. Soroka, ICMA-CM
City Clerk
]Elllisa L. Horvath, MMC
Citi Attorney
Weiss Scrota Helfman
Cole & Bierman
CITY COMMISSION MEETING AGENDA
FEBRUARY 9, 2017
6:00 p.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Presentation of Certificates of Appointment to
Community Services Advisory Board Members
• Employee Service Awards
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the
public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the
meeting. They will be recognized to speak prior to the approval of the consent agenda.
A. APPROVAL OF MINUTES:
January 10, 2017 Commission Regular Meeting
January 18, 2017 Commission Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS
OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING
THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY
OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR A ONE-
YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE.
AVENTURA CITY CONDUSSION MEETING AGENDA
FEBRUARY 9, 2017
PAGE 2 OF 3
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
INTERGOVERNMENTAL SPECIAL RESPONSE TEAM AGREEMENT
BETWEEN THE CITY OF AVENTURA POLICE DEPARTMENT AND THE U.S.
DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION & CUSTOMS
ENFORCEMENT, HOMELAND SECURITY INVESTIGATIONS, OFFICE OF
THE SPECIAL AGENT -IN -CHARGE MIAMI, FLORIDA (ICE -SAC -MIAMI)
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER AND POLICE
CHIEF TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA APPROVING THE PURCHASE AND SALE AGREEMENT WITH
GULFSTREAM PARK RACING ASSOCIATION, INC. FOR THE
ACQUISITION OF VACANT PROPERTY CONSISTING OF TWO (2) ACRES
LOCATED ADJACENT TO AND WESTERLY OF WATERWAYS PARK ON
N.E. 213 STREET (THE "PROPERTY") FOR MUNICIPAL PURPOSES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AND
SALE AGREEMENT SUBSTANTIALLY IN THE FORM ATTACHED HERETO
AS EXHIBIT "A", AND ANY ADDENDUMS THERETO; AUTHORIZING THE
CITY MANAGER AND OFFICIALS TO IMPLEMENT THE TERMS AND
CONDITIONS OF THE PURCHASE AND SALE AGREEMENT, AND TO
EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE THE
ACQUISITION AND CLOSING OF THE PROPERTY; AUTHORIZING THE
EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT CERTAIN COLLECTIVELY BARGAINED
CONTRACT ATTACHED HERETO BY AND BETWEEN THE CITY OF
AVENTURA AND THE DADE COUNTY POLICE BENEVOLENT
ASSOCIATION, WHICH CONTRACT SHALL BE EFFECTIVE UPON
SIGNATURE BY THE CITY MANAGER AND THE DADE COUNTY POLICE
BENEVOLENT ASSOCIATION; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
6. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that
the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these
items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be
made available after the applicant and staff have made their presentations on each item. All testimony, including public
testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject
to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The
general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of
staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the
organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
RESOLUTIONS — PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A SIGN VARIANCE FOR THE AT&T RETAIL STORE ON
PROPERTY LOCATED AT 18101 BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
AVENTURA CITY CONDUSSION MEETING AGENDA
FEBRUARY 9, 2017
PAGE 3 OF 3
7. ORDINANCES - FIRST READING/PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA CREATING DIVISION 7
"YOUTH ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF
CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE OF THE CITY OF
AVENTURA, FLORIDA; ESTABLISHING AN ADVISORY BOARD AND PROVIDING
FOR ITS DUTIES AND RESPONSIBILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None
9. RESOLUTIONS — PUBLIC HEARINGS: None
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None
13. ADJOURNMENT
FUTURE MEETINGS*
COMMISSION WORKSHOP — FEBRUARY 16, 2017 AT 9 AM
EXECUTIVE CONFERENCE ROOM (5'H FLOOR)
COMMISSION MEETING — MARCH 7, 2017 AT 6 PM
COMMISSION CHAMBER
COMMISSION WORKSHOP — MARCH 21, 2017 AT 9 AM
EXECUTIVE CONFERENCE ROOM (5'H FLOOR)
*Meeting dates and times are subject to change. Please check the City's website for the most current schedule.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who
are disabled and who need special accommodations to participate in this meeting because of that disability should
contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more
members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W.
Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact
the City Clerk at 305-466-8901.
The City of CITY COMMISSION Aventura Government Center
�����dye REGULAR MEETING MINUTES 19200 W. Country Club Drive
JL JANUARY 10, 2017 Aventura, Florida 33180
6:00 P.M.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Marc Narotsky, Commissioner Denise Landman, Commissioner
Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley,
Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L.
Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Nathaniel Manor and
Jordan Gottlieb.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Presentation of Silver Designation Certificate from the Florida Green
Building Coalition's Florida Green Local Government: Jeremy Nelson, Florida
Green Building Coalition, presented the City with the Silver Designation Certificate.
• Proclamation Recognizing Clifford A. Schulman: Mayor Weisman and
the Commission presented Cliff Schulman with a proclamation in recognition of his
service as Chairman on the Aventura Marketing Counsel.
• Employee Service Awards: Mr. Soroka presented Deidre Fogelgren (20
years), Alan Levine (20 years), and Ana Theallet (20 years), with recognition certificates
and a token of appreciation for the completion of milestone years of service with the
City.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
Item G was removed from the Consent Agenda, per Vice Mayor Narotsky's request.
A motion to approve the remaining items on the Consent Agenda was offered by
Commissioner Weinberg, seconded by Commissioner Landman, and passed
unanimously by roll call vote. The following action was taken:
A. Minutes were approved as follows:
• November 1, 2016 Commission Regular Meeting
• November 10, 2016 Commission Inauguration
• November 17, 2016 Commission Workshop Meeting
• November 17, 2016 Commission Meeting
Aventura City Commission Meeting Minutes
January 10, 2017
B. Motion was approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $35,000 FOR
TACTICAL TRAINING CLASSES FROM THE POLICE FORFEITURE FUNDS
IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
C. Resolution No. 2017-01 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO
REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY
PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF
AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2017-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE
NOVEMBER 8, 2016 MUNICIPAL CANDIDATE ELECTION FOR
COMMISSION SEAT 5, AS CERTIFIED BY THE CANVASSING BOARD AND
ATTACHED HERETO; AND DECLARING THE QUALIFYING UNOPPOSED
CANDIDATES ELECTED TO COMMISSION SEAT 1 AND COMMISSION
SEAT 3 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION
PROCESS FOR THOSE SEATS, AS CERTIFIED BY THE CITY CLERK;
PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2017-03 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE
NOVEMBER 8, 2016 MUNICIPAL SPECIAL ELECTION HELD IN
CONJUNCTION WITH THE GENERAL ELECTION BEING HELD ON THE
SAME DATE, AS CERTIFIED BY THE CANVASSING BOARD AND
ATTACHED HERETO; AND PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2017-04 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,AMENDING RESOLUTION NO. 2011-14 WHICH PROVIDED A FEE
SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION
PERMITS AND REVIEW; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
Item G: Mr. Meyers read the following Resolution by title:
Page 2 of 5
Aventura City Commission Meeting Minutes
January 10, 2017
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ADOPTING THE CITY OF AVENTURA 2017 LEGISLATIVE PROGRAM
AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Narotsky announced that he would recuse himself from voting on Item #8 of
the Legislative Program due to a conflict and left the meeting.
A motion to approve the Resolution (as to solely the portion adopting item #8 of the
legislative program) was offered by Commissioner Shelley and seconded by
Commissioner Landman.
No comments were provided by the public.
The motion to approve the Resolution (item #8) was unanimously passed (6-0) by roll
call vote, with Vice Mayor Narotsky absent.
Vice Mayor Narotsky returned to the meeting.
A motion to approve the Resolution (adopting the remaining items of the legislative
program, excluding item # 8) was offered by Commissioner Landman and seconded by
Commissioner Shelley.
No comments were provided by the public.
The motion to approve the Resolution (excluding item #8) was unanimously passed (7-
0) by roll call vote, and Resolution No. 2017-05 was adopted.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: None
7. ORDINANCES - FIRST READING — PUBLIC HEARING: None
8. ORDINANCES - SECOND READING/PUBLIC HEARING:
Mr. Meyers read the following ordinance by title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
SECTION 31-144 `BUSINESS ZONING DISTRICTS" OF ARTICLE VII "USE
REGULATIONS" OF CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" OF
THE CITY CODE, BY AMENDING SECTION 31-144(f) "MEDICAL OFFICE (MO)
DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS BY
AMENDING SECTION 31-144(f)(1), "USES PERMITTED", BY AMENDING
SECTION 31-144(1)(2), "CONDITIONAL USE" AND BY AMENDING SECTION 31-
144(1)(3), "USES PROHIBITED"; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE
A motion to recommend adoption of the Ordinance on second and final reading was
offered by Commissioner Shelley and seconded by Commissioner Mezrahi.
Page 3 of 5
Aventura City Commission Meeting Minutes
January 10, 2017
Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman
closed the public hearing.
The motion to approve the Ordinance on second reading was passed (6-1) with
Commissioner Landman voting no, by roll call vote, and Ordinance No. 2017-01 was
adopted.
Mr. Meyers read the following ordinance by title:
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2015-09 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2015/2016 FISCAL YEAR BY REVISING THE
2015/2016 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to recommend adoption of the Ordinance on second and final reading was
offered by Vice Mayor Narotsky and seconded by Commissioner Landman.
Mayor Weisman opened the public hearing. There being no comments, Mayor Weisman
closed the public hearing.
The motion to approve the Ordinance on second reading was passed unanimously, by
roll call vote, and Ordinance No. 2017-02 was adopted.
9. RESOLUTIONS — PUBLIC HEARING: None
10. REPORTS:
After an introduction by Mayor Weisman, Michael Krop Senior High School
representatives Nathaniel Manor (SGA President — 11th Grade) and Jordan Gottlieb
(SGA President— 12th Grade) provided a report on the school.
Commissioner Landman reporting on the upcoming Green Market (January 22"d) and
Yoga in the Park (January 13th)
A motion to move the time of the January 18, 2017 Commission Workshop Meeting
from 9:00 a.m. to 9:30 a.m. was offered by Commissioner Weinberg, seconded by
Commissioner Shelley, and unanimously approved.
11. PUBLIC COMMENTS: No comments were provided by the public.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Landman, seconded by
Vice Mayor Narotsky, and unanimously approved; thus adjourning the meeting at 6:36
p.m.
Page 4 of 5
Aventura City Commission Meeting Minutes
January 10, 2017
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on February 9, 2017.
Page 5 of 5
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
partrks -� / MACL a Pry-Grp . G;- (umm 5s ;on
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
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0 W (I CLb Ur_J. �WH�n'ICH I SERVE IS A UNIT OF:
CITY COUNTY LMd9 COUNTY ❑OTHER LOCAL AGENCY
AV a M LAM I - OC,de NAME OF POLITICAL SUBDIVISION:
Th
DATE 0M WHIC VOTE OCCURRED CO in `t $51 U
I 7 MY POSITION IS:
1 I O I I 2- ELECTIVE n APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes,
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
E hereby disdose that on 5Gr\uat-1 to- 20 :
(a)A measure came or will come before my agency which(check one)
"inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, .
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2
The City of CITY COMMISSION
yew WORKSHOP MEETING MINUTES Aventura Government Center
�Y� L'ui �JL JANUARY 18, 2017 19200 W.Country Club Drive
Aventura. Florida 33180
9:30 A.M.
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 9:36 a.m. The following were present: Mayor Enid Weisman, Vice Mayor
Marc Narotskyl, Commissioner Denise Landman, Commissioner Dr. Linda Marks,
Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard
Weinberg2, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting commenced.
1. OVERVIEW OF 2017 STATE LEGISLATIVE SESSION):
• Ron Book: City Lobbyist Ron Book introduced Government Consultant
Rana Brown with his office and discussed the upcoming session, as well as the City's
Legislative Program and Priorities for 2017. The following items were highlighted: house
rules & process, lobbyist reform act, budget process, his goals representing Aventura,
the level of leadership from Miami-Dade County, condo laws/bills, contact information,
weekly reports, red light cameras, and charter school.
• Rep. Joe Geller: Representative Geller discussed the upcoming session
and discussed the City's Legislative Program and Priorities for 2017. The following
items were highlighted: Item #8 regarding condominium laws/bills is the City's top
priority, Item #1 may be clarified to read Municipal owned and operated Charter School,
discussion of vouchers for private school, and Committee assignments.
• Senator Daphne Campbell: Senator Campbell was not in attendance.
City Manager Summary: No action - this item was provided for informational
purposes.
It was the consensus to discuss the following item out of order:
ITEM 3 - DISCUSSION ON CREATING A CITY OF AVENTURA YOUTH
BOARD (Commissioner Landman): Commissioner Landman requested that the
Commission consider creating an Aventura Youth Board for high school age residents
(be 9-12th grade) to serve on and reviewed the suggested duties as provided in the
agenda.
City Manager Summary: It was the consensus of the City Commission to
provide an Ordinance creating an Aventura Youth Board, with seven members that are
high school age residents and duties as outlined in the memorandum provided in the
agenda.
Vice Mayor Narotsky left the meeting at 1 1:35 a.m. during the discussion of additional items.
2 Commissioner Weinberg arrived at 9:46 a.m. during Mr. Book's discussion.
Aventura City Commission
Workshop Meeting Minutes—January 18, 2017
2. COMMUNITY SERVICES ADVISORY BOARD UPDATE (City Manager): Mr.
Soroka reviewed the list of applicants interested in serving on the Board. Each member
of the Commission recommended the selection of a member from the list as follows:
Commissioner Marks — Sherry Superfine, Commissioner Landman — Michael Stern,
Commissioner Shelley — Jonathan Evans, Commissioner Weinberg — Sandra Kaplan,
Vice Mayor Narotsky — Brandon Stein, Commissioner Mezrahi — Daniel Naim, and
Mayor Weisman — Bonnie Lotterman.
City Manager Summary: It was the consensus of the City Commission to
provide a Resolution appointing the following members to the Board: Jonathan Evans,
Sandra Kaplan, Bonnie Lotterman, Daniel Naim, Brandon Stein, Michael Stern, and
Sherry Superfine. Staggering the terms of the members will be looked at in the future.
4. CONVERSION OF STREET LIGHTS TO LED (City Manager): Mr. Soroka
presented a recommendation to replace the current 950 street lights/fixtures throughout
the City with LED lights/fixtures, as part of the City's green initiative.
City Manager Summary: It was the consensus of the Commission to proceed
with replacing the lights/fixtures with LED lights/fixtures.
5. HOLIDAY CARDS (Mayor Weisman): Mayor Weisman suggested that the City
send out holiday cards to surrounding cities, etc.
City Manager Summary: It was the consensus of the Commission to send out
an annual greeting card electronically.
The following additional items were discussed:
It was the consensus of the Commission to change the July Commission meeting to
July 17th, per Vice Mayor Narotsky's request.
Commissioner Landman expressed her plan to attend Dade Days. Other members of
the Commission will advise Mr. Soroka if they want to attend. If more than three
members are interested in attending, the item will be placed on an agenda for
Commission approval.
Mr. Soroka will look into the size of the lettering on the City's new directional signs, after
several Commissioners reported receiving complaints that the lettering was too small
and not lit.
Mr. Soroka reported on the Ride with the Police Bicycle Safety Event scheduled for
February 26, 2017 and will provide further details via email.
6. ADJOURNMENT: There being no further business to come before the
Commission, the meeting was adjourned by consensus at 11:36 a.m.
Page 2 of 3
Aventura City Commission
Workshop Meeting Minutes—January 18, 2017
Ellisa L. Horvath, MMC, City Clerk
Approved by the Commission on February 9, 2017.
Page 3 of 3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORAND M
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci, . ger
DATE: January 12, 2017
SUBJECT: Resolution Declaring Equipmen plus
February 9, 2017 City Commission Meeting Agenda Item 515
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2017-
PASSED AND ADOPTED this 9th day of February, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Steven Steinberg, Chief of Police
DATE: 4 January 2017
SUBJECT: Surplus Property
I would like to have the below listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
K9 Ritchie is no longer medically able to perform as a K9 for the Police
Department. This animal needs to be surplused.
CITY OF AVENTURA
PUBLIC WORKS/TRANSPORATION DEPARTMENT
MEMORANDUM
TO: Eric M. Soroka, City Manager, ICMA-CM
FROM: Joseph S. Kroll, Director of Public Works/Transportation
DATE: January 17, 2017
SUBJECT: Surplus Property
I am requesting to have the following City property listed below declared as surplus
property, as this item has outlived its useful life and has become unusable for
department use.
2010 Ford Escape Hybrid VIN # 1FMCU4K34AKV13342
JSK/gf
JSK17002
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORA ?UM
TO: Eric M. Soroka, City Manage 71CM A-CM
FROM: Kimberly Merchant, Director of\o unity Services
DATE: January 27, 2017
SUBJECT: Surplus Property
I would like to have the below listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
Desk 1 Model 66597, Serial # M6KY2T
Desk 2 Model 66597, Serial # MPKY2T
Treadmill Model PEDCS60, Serial # 09-6T00743A
Treadmill Model PEDCS8, Serial # 09-8T10915L
Recumbent Bicycle Model CS800, Serial # 11-RCS8008741
CITY OF AVENTURA
POLI _ DEPARTMENT
INTER .f E MEMORANDUM
TO: Eric M. Soroka, City anag-r
FRO . ven Steinberg, C of olice
DATE: 30 January 2017
SUBJECT: Surplus Property
I would like to have the below listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
2005 2FAFP71 W75X132561 Ford Crown Victoria
2009 2FAHP71VX9X128834 Ford Crown Victoria
2009 2FAHP71V39X128836 Ford Crown Victoria
2009 2FAHP71V59X128837 Ford Crown Victoria
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Community Services
Advisory Board for a term of one year, from February 2017 through February 2018:
Jonathan Evans
Sandra Kaplan
Bonnie Lotterman
Daniel Naim
Brandon Stein
Michael Stern
Sherry Superfine
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Howard Weinberg
Commissioner Robert Shelley
Vice Mayor Marc Narotsky
Mayor Enid Weisman
PASSED AND ADOPTED this 9'h day of February, 2017.
City of Aventura Resolution No. 2017-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City -r
DATE: January 19, 2017
SUBJECT: Resolution Authorizing Execution of Intergovernmental Special
Response-Team Agreement with U.S. Department of Homeland
Security Immigration and Customs Enforcement Office of the Special
Agent in Charge of Miami, Florida
February 9, 2017 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution which
authorizes the execution of the attached Intergovernmental Special Response Team
Agreement with U.S. Department of Homeland Security Immigration and Customs
Enforcement.
BACKGROUND
The attached Memorandum of Agreement between the Department of Homeland
Security and the Aventura Police Department outlines the parameters for the
deployment of Special Response Teams, personnel and equipment in support of
Immigration and Customs Enforcement (ICE) led investigations and / or ICE led joint,
federal, state and local warrant operations.
This would be utilized in those cases where ICE may require the assistance of the
Aventura Police Department to respond to certain High Risk Incidents as defined in the
Agreement.
The document has been reviewed by the City Attorney and Chief of Police.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01694-17
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER AND
POLICE CHIEF TO EXECUTE AND OTHERWISE ENTER INTO THAT
CERTAIN INTERGOVERNMENTAL SPECIAL RESPONSE TEAM
AGREEMENT BETWEEN THE CITY OF AVENTURA POLICE
DEPARTMENT AND THE U.S. DEPARTMENT OF HOMELAND
SECURITY, IMMIGRATION & CUSTOMS ENFORCEMENT, HOMELAND
SECURITY INVESTIGATIONS, OFFICE OF THE SPECIAL AGENT-IN-
CHARGE MIAMI, FLORIDA (ICE-SAC-MIAMI) ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager and Police Chief are hereby authorized on
behalf of the City of Aventura to execute and otherwise enter into that certain
Intergovernmental Special Response Team Agreement between the City of Aventura
Police Department and the U.S. Department of Homeland Security, Immigration &
Customs Enforcement, Homeland Security Investigations, Office of the Special Agent-
in-Charge Miami, Florida (ICE-SAC-Miami) attached hereto for the deployment of
Special Response Team (SRT) personnel and equipment in support of Immigration and
Customs Enforcement (ICE) led investigations and/or ICE led joint, federal, state, and
local warrant operations.
Section 2. The City Manager and Police Chief are authorized to do all things
necessary to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2017-
PASSED AND ADOPTED this 9th day of February, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
INTERGOVERNMENTAL SPECIAL
RESPONSE TEAM AGREEMENT
This Memorandum of Agreement ("Agreement") is between the U.S.
Department of Homeland Security, Immigration & Customs Enforcement,
Homeland Security Investigations, Office of the Special Agent-in-Charge, Miami
FL, ("ICE-SAC-Miami"), whose address is 11226 NW 20th Street, Miami, FL
33172, and The Aventura Police Department, whose address is 19200 West
Country Club Drive, Aventura, FL 33180. The Parties are entering into this
Agreement to set forth parameters for the deployment of Special Response
Team (SRT) personnel and equipment in support of ICE led investigations and/or
ICE led joint, federal, state and local warrant operations.
ICE is a federal law enforcement agency with the authority to enter into
this agreement under the provisions of the Homeland Security Act of 2002 (Pub.
L. 107-296); 19 U.S.C. § 1589a; 21 U.S.C. § 873; 8 U.S.C. § 1103(c); and 18
U.S.C. § 981(e).
The Responding Party is authorized by law to execute intergovernmental
agreements under the Florida Mutual Aid Act, Chapter 23 Florida State Statutes.
Each Party to this agreement has established and maintains an SRT,
comprised of sworn law enforcement officers who are trained and equipped to
respond to High Risk Incidents (as such term is defined in Article I).
The Parties acknowledge that ICE-SAC-Miami may require assistance
from the Responding Party to effectively respond to certain High Risk Incidents.
The Parties desire to enter into an understanding to provide a framework
for the deployment of the Responding Party's SRT personnel and equipment to
ICE-SAC-Miami in response to High Risk Incidents.
The Parties do not intend to establish a separate legal or administrative
agency and have not therefore provided for or otherwise established such an
agency by the terms of this Agreement.
THEREFORE, in consideration of the mutual interest, obligations and
promises of the participating Parties, as provided in this Agreement, the Parties
agree as follows:
ARTICLE I — DEFINITIONS
The following words in this Agreement, whether used in the singular or plural,
possessive or non-possessive, capitalized or lower case will be defined and
interpreted as follows:
a. SRT Command Officer means the senior or highest ranking officer
available, or his or her designee, who has responsibility for directing High
Risk Incident enforcement operations for his or her department. For
1
purposes of this Agreement, the ICE-SAC-Miami SRT Command Officer is
currently the designated SRT Tactical Supervisor or his designee.
b. Participating Party or Party means either signatory to this Agreement.
c. Responding Party means the City of Aventura, Florida.
d. Specialized Response Team or SRT means a specialized team of sworn
police officers and tactical medics within a law enforcement agency, who
have specialized training and equipment to respond to High Risk
Incidents.
e. High Risk Incident or "Incident" means any activity or event which holds a
greater than normal probability of injury or death to law enforcement
personnel or to the public. Examples of High Risk Incidents include, but
are not limited to:
1) Situations involving a suspect with a history of violence or
resisting arrest;
2) Situations involving fortified buildings, property, vessels or other
structures or conveyances which require the use of specialized
equipment to gain access;
3) Situations involving suspects who are members of organizations
which advocate violence;
4) Situations that would overwhelm the resources and capabilities
of an officer or office with standard operating equipment and
training;
5) A disturbance in an ICE facility that poses a risk of physical
injury to government employees, detainees, or others;
6) Situations involving barricaded gunmen, snipers, hostage-
taking, terrorism, armed suicides, or vice raids or arrests;
7) Other High Risk enforcement operations within the scope of the
SRT training and capabilities;
8) Other situations where the totality of circumstances presents an
above average risk of threat.
g. Incident Command Officer means the officer or officers designated by the
Party's SRT Command Officer to initiate requests, respond to requests,
and exercise discretion on behalf of its Party in connection with this
Agreement. As used in this Agreement, any reference to Incident
Command Officer will include that Party's SRT Command Officer.
ARTICLE II — SERVICES
1. Request for Assistance. In the event of a High-Risk Incident potentially
occurring or anticipated during an ICE-SAC-Miami led investigation or
during a joint, federal, state and local High Risk warrant operation where
ICE-SAC-Miami is the lead agency, ICE-SAC-Miami may direct a request
2
to the Responding Party for supplemental SRT equipment and/or
personnel. The request shall be directed to the Responding Party's Point
of Contact (referenced in Article IV below), and, if possible, shall identify
the nature of the Incident, the number of officers required, types of
assistance and/or equipment requested and the location where the
Responding Party's SRT should report.
2. Upon receipt of a request, the Responding Party will deploy SRT
personnel or equipment to the Incident, unless the Responding Party's
SRT is unavailable due to another Incident or existing conditions within its
community. Deployment will be dependent upon the current personnel
base, availability, and existing conditions within the Responding Party's
community.
3. Upon receipt of a request, the Responding Party's Incident Commander
will have the sole authority to determine the number of personnel and type
of resources it will deploy in response to ICE-SAC-Miami's request, and
shall promptly notify ICE-SAC-Miami of the personnel and other resources
that will be deployed and the anticipated time of arrival. Conversely, if the
Responding Party does not have the resources or equipment available to
deploy to the Incident, the Responding Party's Incident Command Officer
shall provide prompt notification to ICE-SAC-Miami that it is unable to
deploy.
4. Upon arrival to the Incident, the Responding Party's Incident Command
Officer will report to ICE-SAC-Miami's SRT Tactical Supervisor or his or
her designee, and will follow his or her tactical requests, provided,
however, the policies and procedures of the Responding Party's agency
shall not be violated. It is understood that ICE-SAC-Miami is responsible
for the response to, and control of, the High Risk Incident and that
Responding Party officers will be following the tactical directives of ICE-
SAC-Miami. The Responding Party; however, will have the sole
authority and discretion to modify or withdraw its equipment and/or
personnel from the Incident at any time.
5. ICE-SAC-Miami will not be responsible for the payment to, or
reimbursement of, a Responding Party's costs. It is specifically understood
that ICE-SAC-Miami will not be responsible for State and Local Overtime
(SLOT) funding. All personnel, resources, equipment and services
contemplated under this Agreement will be furnished at the expense of
each respective Party owning the equipment and supplies and employing
the personnel. No Party will be held responsible for the costs incurred by
the other Party, or be entitled to compensation for assistance provided.
6. ICE-SAC-Miami and the Responding Party agree that it is authorized to,
and may conduct, joint SRT training exercises with each other. Each Party
agrees, upon reasonable request and availability, to permit the other Party
to use its facilities to conduct SRT training exercises to the extent the
3
same is not inconsistent with applicable agency policy, directive,
regulation, or law.
ARTICLE III — LIABILITY
1. Each Party will be responsible to assume its own liability attributed to the
acts, omissions or conduct of such Party's own officers and employees
while such officers and employees are engaged in responding to
Incidents, during joint training exercises, or during any other activity
contemplated by this Agreement. Neither Party agrees to insure, defend
or indemnify another Party.
2. ICE-SAC-Miami acknowledges that the United States shall be responsible
for any claims arising out of the acts or omissions of its employees acting
within the scope of their employment to the extent the United States is
liable under the Federal Tort Claims Act (FTCA), 18 U.S.C. §§ 2671-2680.
This Agreement is not intended and shall not be construed as a waiver of
any immunity available to the United States and the signatory agency.
3. This Agreement confers no rights or remedies on any third party, other
than the Parties to this Agreement and their respective successors and
permitted assigns. This Agreement shall not be construed as creating a
higher legal standard of safety or care with respect to third party claims.
4. No liability, right or benefit associated with any employer-employee
relationship shall be implied by this Agreement. Nothing in this Agreement
shall imply or create any duty or responsibility to comply with a collective
bargaining agreement of another Party, or to create any right to insurance
or any other employment right of a Party's employee from another Party
to this Agreement. No employee of any Party to this Agreement shall be
deemed to have become an employee of another Party or to be covered
by any insurance or pension plans of another Party due to the employee's
participation in the performance of this Agreement.
5. Nothing in this Agreement shall imply a duty to levy additional taxes,
appropriate funds, or enter into specific terms of a collective bargaining
unit in order to effectuate this Agreement.
ARTICLE IV-NOTICE
1. The following individuals are the points of contact for each Party under this
Agreement:
ICE-SAC-Miami
Mark Phillips
SRT Tactical Supervisor
SAC Miami, FL
Office: 305.715.7773
4
Cell: 786.367.0983
Fax: 305.715.7683
Responding Party
City of Aventura Police Department
19200 West Country Club Drive
Aventura, FL 33180
Telephone: 305-466-8989
Fax: 305-466-8990
ARTICLE V — TERM AND TERMINATION
1. This Agreement and any amendments will be effective upon execution by
the Parties, authorized by resolution adopted by the governing bodies of
each Party or such other form of authorization required by an individual
Party to bind the Party to the terms of this Agreement. This Agreement
will remain in effect for one year from the Effective Date, subject to earlier
termination as provided in this Agreement. The terms of the Agreement
will become effective upon signature by both Parties.
2. A Party, upon written notification from executive head of its police
department/agency, may terminate or cancel its participation under this
Agreement, with or without cause, upon 30 days written notice to the
other Party. The effective date for termination or cancellation will be
clearly stated in the notice.
3. Changes to this agreement must be made in writing and only if agreed to
by the signatories of this Agreement or their successors.
4. A Party's SRT Command Officer may suspend its participation in this
Agreement for a term not to exceed six months, by providing 30 days'
advance written notification, stating the effective date of the suspension
and the exact date its participation will resume.
5. If any part of this Agreement is breached the agreement may be
terminated.
ARTICLE VI — MISCELLANEOUS
1. Each Party will comply with all federal, state and local statutes,
ordinances, state and federal administrative rules and requirements
applicable to its activities performed under this Agreement.
2. Nothing in this Agreement is intended to conflict with any applicable law,
regulation, directive, policy, or ordinance. In the event that any provision of
5
this Agreement violates any applicable law, regulation, policy (including
without limitation, the policies set forth in the ICE SRT Handbook, the
Interim ICE Firearms Policy, and the ICE Interim Use of Force Policy),
directive, or ordinance, such provision shall be invalid and unenforceable.
The invalidity or unenforceability of any provision of this Agreement shall
not affect the validity or enforceability of any other provision of this
Agreement, which shall remain in full force and effect.
3. The terms and conditions of this Agreement may only be modified upon
the prior written agreement of the Parties.
4. The section and subsection numbers and captions contained in this
Agreement are for convenience only and are not intended to have any
substantive meaning.
5. The Parties have taken all actions and have secured all approvals
necessary to authorize and complete this Agreement. The persons signing
this Agreement on behalf of each Agency have the legal authority to sign it
and bind the Parties to the terms of this Agreement.
6. This Agreement may be executed in any number of counterparts, all of
which, when taken together, shall constitute one single agreement
between the Parties.
7. The Parties further attest that they have taken all actions and secured all
approvals necessary to authorize and complete this Agreement. The
persons signing this Agreement on behalf of each Party have legal
authority to sign and bind the respective Party to this Agreement.
U.S. DEPARTMENT OF HOMELAND SECURITY
IMMIGRATION & CUSTOMS ENFORCEMENT
OFFICE OF THE SPECIAL AGENT IN CHARGE
MIAMI, FLORIDA
Mark Selby Date
Special Agent in Charge
HSI Miami
Chief of Police Date
6
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci I -nag •r
DATE: February 1, 2017
SUBJECT: Resolution Approving and Authorizing Execution of the Purchase
and Sale Agreement for a Two (2) Acre Parcel with Gulfstream Park
Racing Association, Inc.
February 9, 2017 City Commission Meeting Agenda Item SE.
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
approving and authorizing the execution of the Purchase and Sale Agreement
("Agreement") with Gulfstream Park Racing Association, Inc. ("Gulfstream Park") for a
two (2) acre parcel.
BACKGROUND
As previously discussed at the October Workshop Meeting, the City Administration has
negotiated with the representatives from Gulfstream Park to purchase a two (2) acre
parcel adjacent to the western property line of Waterways Park on NE 213th Street.
As discussed, this real estate transaction was a complicated one that involved renewing
previously approved Conditional Use and Development Agreement documents
("Development Approvals") granted to Gulfstream Park that were set to expire.
The following development matters were included in the negotiations:
• In 2006, the City Commission approved a Conditional Use Application for a
residential project on the MO zoned property owned by Gulfstream that does not
exceed four hundred and eighty (480) dwelling units or twenty-five (25) stories in
height.
• In 2006, the City Commission approved a Development Agreement that retains
or vests Gulfstream Park's rights to build in the future in accordance with the
City's B-2 zoning Land Development Regulations and Comprehensive Plan in
effect as of the date of the Development Agreement on the Gulfstream property
located west of the MO zoned property and the Waterways Park site.
• Access off of NE 213th street — The current Restricted Access Covenant
states that "Until such time that the access is permanently prohibited due
to potential construction on the B-2 site, access to the Gulfstream tract
shall be permitted on an interim basis for weekends and holiday racing
events at Gulfstream Park."
The Agreement contains the following terms and conditions:
1. City will purchase two acres for $3,500,000 and will deposit $100,000 in
escrow within three business days of the effective date of the Agreement.
2. City will have a 60-day Inspection Period after the Effective Date of the
Agreement to perform inspections and due diligence of the Property, and City
may terminate the Agreement on or before the expiration of the 60-day
Inspection Period if the City determines that the Property is not suitable for
City's purposes for any reason. In the event of termination by the City, the
Escrow Agent will return the Earnest Money to the City, and thereafter neither
Gulfstream Park nor the City will have any further rights or obligations under
the Agreement except for those rights and obligations which survive
termination of the Agreement.
3. The closing date shall occur on the date which is first to occur of ten days
following issuance of Development Approvals outlined in the Agreement or
180 days from the execution of the Agreement.
4. The parties will modify the Restricted Access Covenant that restricts access
to N.E. 213th Street to allow weekday racing days. The following provisions
still remain:
a. Permanently prohibit access to Gulfstream Park once a temporary
Certificate of Occupancy is issued for any residential building
constructed on the adjacent property in Aventura.
b. Until such time that the access is permanently prohibited, access to
the Gulfstream tract shall be permitted on an interim basis for
weekends, weekdays and holiday racing events at Gulfstream Park.
c. Access on all other days shall be restricted to construction vehicles for
the renovation and expansion of the racetrack and other non DRI
projects on the Gulfstream Park tract.
d. At no time shall vehicular access for the Hallandale DRI land be
permitted unless authorized by Resolution of the City Commission.
5. As a condition to closing, Gulfstream shall obtain the following Development
Approvals, subject to review and approval pursuant to the City's development
review and public hearing process, the City Code and Florida law:
a. The rezoning of two acres west of the purchase parcel from B2
(Community Business) to MO (Medical Office).
b. An amendment to the Development Agreement extending the term for
seven years from November 8, 2016, granted by the City that retains
or vests their rights to build in the future in accordance with the City's
B-2 zoning requirement on the Gulfstream property located west of the
MO zoned property and the Purchase Parcel.
c. An amendment to the Conditional Use Approval to: (i) extend the
period of time in which to obtain a building permit for the development
approvals on the MO Property for seven (7) years from the last City
Commission approved extension of January 12, 2017; (ii) modify the
legal description of the property affected by the Conditional Use
Approval to delete parcels previously lessed out or conveyed by
Gulfstream Park to the City and to add the Gulfstream Parcel to be
rezoned; (iii) delete any requirement that the development of the MO
Property be tied to the plans submitted with the application at the time
of the Conditional Use Approval and listed in Section 1 of Resolution
No. 2006-62; (iv) and reconfirm the Seller or developer's rights to
construct a building or buildings with a maximum density of 35 dwelling
units per acre not to exceed 480 units and a height of 25 stories or 259
feet.
6. Within 60 days after the Effective Date, Gulfstream Park agrees to submit to
the City complete applications for the Development Approvals as set forth
above (collectively, the "Required Applications"), and thereafter diligently,
expeditiously, and in good faith prosecute the Required Applications.
Gulfstream Park will be responsible for the preparation and cost of all
applications and supporting documents required to obtain the Development
Approvals, including payment of all application fees and development review
fees charged by the City. Gulfstream Park will insure that all applications are
complete when submitted, and will submit the required applications within the
time periods specified in this section of the Agreement. City will process the
Required Applications in accordance with the City's development review and
public hearing process, the City Code and Florida law.
7. If Gulfstream Park, after diligent effort, is unable to obtain any of the
Development Approvals within 120 days after the Effective Date, either party
shall have the right to terminate the Agreement by sending written notice to
the other party and Escrow Agent. Upon receipt of the notice of termination,
Escrow Agent will return the Earnest Money to the City, and thereafter neither
Gulfstream Park nor the City will have any further rights or obligations under
the Agreement except for those rights and obligations which survive
termination of the Agreement.
A sketch of the two (2) acre site to be purchased by the City is attached.
As indicated above, this transaction was a very complicated one. I wish to point out the
cooperative nature of Gulfstream Park and its team throughout the negotiation process.
I also would like to recognize David Wolpin, Lillian Arango, and Joanne Carr for their
invaluable assistance in the preparation of this document.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
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SURVEYORS•MAPPERS
. 4341 S.W. 82nd /venue �- / R� �,�T Tel. (954) 585-0997
Davie, Rorda 33314 endnwppuptNo."0099 Fax (954) 585-3927
LEGAL DESCRIPTION OF
TWO ACRE AVENTURA PARCEL •
A PORTION OF TRACT A OF DONN ACRES
SECTION 34-51-42 •
(P.B. 78,PO.90,M.D.C.R.)
CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA
LEGAL DESCRIPTION: NOTES;
A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN 1.THE PROPERTY SHOWN AHE O�WM NOTA ABSTRACTED FOR
ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF(N. R IP.R/D MA DP
112)OF SECTION 34,TOWNSHP 51 SOUTH,RANGE 42 EAST.
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2.1144 SKETCH AND�URANpE
7%PAGE 30,OF THE PUBLIC RECORDS MIAMI-DADE COUNTY, 88URVEYOR AND MAPPER.ORIGINAL ED SEAL SNOT a A FLORIDAFiORIDA L°WITHOUT TMICBNeED
FLORIDA,SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: 3. BEARINGS ONG ppHSH HEREON ARE C 8.119 1�7p2'gW�.
ONE-HALF((N.1/2) F AO
COMMENCE AT THE NORTHEAST
8 RD SECTION�34,SAID POINT ALSO BEING is AER OF THE NORTH ON T PAGE 19540033.0E REAM P RECORDS ONE ILEA OF FfM1�MM 0ADE
THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES; C TY.FLORIDA.
THENCE 846'01R2"W.,ALONG THE NORTH LINE OF SAID NORTH 4.THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY
ONE-HALF(N 112),THE NORTH LINE OF SAID TRACTS A AND B. A (TF8818 NOT A SURVEY).
DISTANCE OF 91140 FEET; S.THIS SKETCH OF DESCRIPTION WAS PREPARED BYATHIS FIRM
THENCE 841.82'05"E.A DISTANCE OF 15643 FEET TO A POINT SHOWN HEREONUTB�WAAS AUTHORED ED BY STONERR&ASSOCIATE88 INC '
ON THE WEST UNE OF THAT CERTAIN PARCEL OF LAND(CITY
PARK),DESCRIBED IN OFFICIAL RECORDS BOOK 26122,PAGE Q. 0 20FI2 F RAPHIC DEPICTION(SKETCH)OF THE
4698 OF SAID PUBLIC RECORDS AND TO THE POINT OF EBCR
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF NAND;
THENCE CONTINUE 8.01.62'05'E,ALONG SAID WEST LINE,A
DISTANCE OF 442.98 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF N.E.213th STREET,AS DESCRIBED IN
OFFICIAL RECORDS BOOK 17973,PACE 3869,OF SAID PUBLIC
RECORDS;
THENCE 8,88'0122"W.ALONG THE SAID NORTH RIOHT•OF-WAY
LINE,A DISTANCE OF 188,87 FEET;
THENCE N.O1.62115"W.,A DISTANCE OF 442.98 FEET;
THENCE N,85'O122"E..A DISTANCE OF 198.67 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF AVENTURA,
MIAMI-DADE COUNTY,FLORIDA,CONTAINING 2.0 ACRES,(87,120
SQUARE FEET)MORE OR LESS.
bERTIFICATE: �W{t
nae To OeI1PY THAT NW MO UOAL opCRPRON SHOWN HEMON IS ACCURATE AND COMET TO THE MIT OF MY MONISM AtO)p1;G�
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SKETCH OF DESCRIPTION
TWO ACREAVENTURA PARCEL
BEING A PORTION OF TRACT A OF DONN ACRES
SECTION 34.81-42
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CRY OF AVENTURA,M AAR- ADE COUNTY,FLORIDA
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M.D.CR. MIAMI-DADE COUNTY RECORDS
B.C.R. BROWARD COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
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RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE PURCHASE AND SALE
AGREEMENT WITH GULFSTREAM PARK RACING ASSOCIATION,
INC. FOR THE ACQUISITION OF VACANT PROPERTY CONSISTING
OF TWO (2) ACRES LOCATED ADJACENT TO AND WESTERLY OF
WATERWAYS PARK ON N.E. 213 STREET (THE "PROPERTY") FOR
MUNICIPAL PURPOSES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE PURCHASE AND SALE AGREEMENT
SUBSTANTIALLY IN THE FORM ATTACHED HERETO AS EXHIBIT
"A", AND ANY ADDENDUMS THERETO; AUTHORIZING THE CITY
MANAGER AND OFFICIALS TO IMPLEMENT THE TERMS AND
CONDITIONS OF THE PURCHASE AND SALE AGREEMENT, AND TO
EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE THE
ACQUISITION AND CLOSING OF THE PROPERTY; AUTHORIZING
THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Purchase and Sale Agreement with Gulfstream Park Racing
Association, Inc. ("Gulfstream Park") attached hereto as Exhibit "A" ("Agreement")
provides for the sale to the City of Aventura ("City") of two (2) acres of vacant land
located adjacent to and west of Waterways Park on N.E. 213 Street (the "Property"), a
copy of which Purchase and Sale Agreement is attached hereto as Exhibit "A"; and
WHEREAS, the acquisition of the Property by the City serves a public purpose
and will be utilized by the City for municipal purposes; and
WHEREAS, the Agreement further provides, as a condition to the closing of the
sale and purchase of the Property, that Gulfstream Park obtain the following
Development Approvals subject to and pursuant to the City's development review and
public hearing process: (i) rezoning of two (2) acres owned by Gulfstream Park and
located west of the Property from B2 (Community Business) to MO (Medical Office); (ii)
an amendment to the existing Development Agreement between the City and
Gulfstream Park for the property zoned B2 extending the term for seven (7) years from
November 8, 2016; and (iii) an amendment to the Conditional Use Approval adopted in
Resolution No. 2006-62 on property zoned MO providing for, inter alia, an extension of
the term to obtain a building permit for seven (7) years from January 12, 2017, to
City of Aventura Resolution No. 2017-
modify the legal description of the property, and reconfirm Gulfstream Park's rights to
develop a maximum of 480 units on the property with a height of 25 stories or 259 feet;
and
WHEREAS, the Agreement further provides that at closing, the City and
Gulfstream Park will enter into an amendment to the existing Restricted Access
Covenant for N.E. 213 Street permitting on an interim basis access by the public on
weekdays for horse events at Gulfstream Park; and
WHEREAS, the City Commission finds that the approval of the Purchase and
Sale Agreement, substantially in the form attached hereto as Exhibit "A", and the
purchase and acquisition of the Property serve a public purpose and are in the best
interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are true and correct and
are incorporated herein by this reference.
Section 2. Approval and Execution of Purchase and Sale Agreement;
Addendums. The Purchase and Sale Agreement for acquisition of the Property
between the City and Gulfstream Park, substantially in the form attached hereto as
Exhibit "A", together with such non-material changes as may be acceptable to the City
Manager and approved as to form and legality by the City Attorney, is approved. The
City Manager is hereby authorized on behalf of the City to execute the Purchase and
Sale Agreement, and any amendments or addendums thereto.
Section 3. Authorization of City Officials; Execution of Documents. The
City Manager and the City Attorney are authorized to take any action necessary to
implement the terms and conditions of the Purchase and Sale Agreement, and to
Page 2 of 4
City of Aventura Resolution No. 2017-
prepare, execute and submit any documents necessary to effectuate the acquisition
and closing of the Property and carry out the purposes of this Resolution.
Section 4. Authorization to Fund Expenditure. The City Manager is
authorized to expend budgeted or reserve funds to implement the terms and conditions
of the Purchase and Sale Agreement and acquire the Property.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
PASSED AND ADOPTED this 9th day of February, 2017.
Page 3 of 4
City of Aventura Resolution No. 2017-_
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 4 of 4
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into
as of the day of , 2017 between GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation ("Seller"), and the CITY OF AVENTURA, a
Florida municipal corporation (`City" or"Purchaser").
RECITALS
1. Seller is the owner of vacant land consisting of approximately 19.550 acres
zoned B2 (Community Business) located in the City of Aventura, Miami-Dade County, Florida,
and legally described and depicted on Exhibit"A" attached hereto (the "B2 Property").
2. Seller is also the owner of vacant land consisting of approximately 12.733 acres
zoned MO (Medical Office District) located adjacent to and east of the B2 Property in the City of
Aventura, Miami-Dade County, Florida, and legally described and depicted on Exhibit "B"
attached hereto (the "MO Property").
3. City is the owner of property located adjacent to the MO Property known as
Waterways Park, located at 3301 NE 213 Street, in the City of Aventura, Miami-Dade County,
Florida.
4. Pursuant to Ordinance No. 2006-16 enacted by the City Commission of the City
of Aventura on November 8, 2006, the City approved a Development Agreement pursuant to
Chapter 163, Florida Statutes, between Seller, as Developer, and City, providing for the use and
development of the B2 Property in accordance with B2 (Community Business) zoning under the
City's Land Development Regulations and Comprehensive Plan in effect as of the effective date
of the Development Agreement (the "Development Agreement" and as hereinafter defined in
Section 1.7).
5. Pursuant to Resolution No. 2006-62 adopted by the City Commission of the City
of Aventura on October 3, 2006, the City granted and approved a Conditional Use Approval on
the original acreage of the MO Property of 13.715 acres to permit multi-family residential use
with a maximum density of 35 dwelling units per acre not to exceed 480 units, and to permit a
use measuring 25 stories and 259 feet in height, and granting a time period of five (5) years from
the date of the Resolution to obtain a building permit for the development on the MO Property
(collectively, the "Conditional Use Approval" and as hereinafter defined in Section 1.5). The
approvals granted in the Conditional Use Approval in Resolution No. 2006-62 have been
extended, with the most recent extension approved by the City Commission until January 12,
2017.
6. On November 27, 2006, Seller and City entered into a Declaration of Covenants
pertaining to vehicular access for the B2 Property and MO Property off N.E. 213 Street, which
Declaration was recorded on November 29, 2006, in Official Records Book 25136, Page 3908,
of the Public Records of Miami-Dade County, Florida (the "Restricted Access Covenant" and as
hereinafter defined in Section 1.26), which prohibits vehicular access over, across and upon the
B2 Property to and from N.E. 213 Street on and after the date the first temporary certificate of
occupancy is issued for a residential building constructed on the B2 Property, but permits interim
{M2363702;12)
access subject to certain restrictions, including limiting access by the public to weekends and
holidays on which horse racing events are scheduled at Gulfstream Park. The Seller seeks to
amend the Restricted Access Covenant to allow interim access by the public to add or include
weekday horse events at Gulfstream Park.
7. The Purchaser desires to purchase a portion of the MO Property consisting of two
(2) acres and located adjacent to and westerly of Waterways Park for municipal purposes, which
property is legally described and depicted on Exhibit "C" attached hereto ("Purchase Parcel").
8. Seller has requested and City has agreed to process in accordance with its City
Code and Florida law (i) an amendment to the Development Agreement providing for an
extension of the term, (ii) rezoning of a portion of the B2 Property consisting of two (2) acres
from B2 to MO, which property is legally described on Exhibit"D" attached hereto ("Gulfstream
Parcel"); (iii) an amendment to the Conditional Use Approval adopted in Resolution No. 2006-
62 to extend the term for seven (7) years and to add the Gulfstream Parcel to the Conditional Use
Approval; and (iv) an amendment to the Restricted Access Covenant to modify access to the B2
Property off N.E. 213 Street.
9. Purchaser agrees to purchase and Seller agrees to sell the Purchase Parcel upon
the terms and conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein and of other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Purchaser and Seller agree as follows:
SECTION 1: DEFINITIONS
For purposes of this Agreement, each of the following terms, when used herein with an
initial capital letter, shall have the following meaning:
1.1 B2 Property. The approximate 19.550 acres of vacant unimproved land more
particularly described on Exhibit "A" attached hereto and incorporated herein by reference
(including the Gulfstream Parcel), which is subject to the Development Agreement.
1.2 Business Day. Monday through Friday excluding bank holidays on which
national banking associations in Miami-Dade County are authorized to be closed.
1.3 Closing. The closing and consummation of the purchase and sale of the Purchase
Parcel as contemplated by this Agreement.
1.4 Closing Date. The date upon which Closing occurs.
1.5 Conditional Use Approval. The approvals granted by the City Commission of
the City of Aventura pursuant to Resolution No. 2006-62 adopted on October 3, 2006, granting
and approving a conditional use approval to permit multi-family residential use with a maximum
density of 35 dwelling units per acre not to exceed 480 units on the MO Property; to permit a use
measuring 25 stories and 259 feet in height; and granting a time period of five (5) years from the
date of the Resolution to obtain a building permit for development on the MO Property. The
{M2363702;12} 2
approvals granted in the Conditional Use Approval in Resolution No. 2006-62 have been
extended, with the most recent extension approved by the City Commission until January 12,
2017.
1.6 Deed. The special warranty deed of conveyance of the Purchase Parcel from
Seller to Purchaser.
1.7 Development Agreement. The Development Agreement entered into between the
Seller, as Developer, and City, pursuant to Chapter 163, Florida Statutes, with an effective date
of November 8, 2006, providing for the use and development of the Property described in
Exhibit "A" in accordance with B2 (Community Business) zoning under the City's Land
Development Regulations and Comprehensive Plan in effect as of the effective date of the
Development Agreement. The Development Agreement was recorded on November 22, 2006,
in Official Records Book 25122, Pages 4603-4666, of the Public Records of Miami-Dade
County, Florida.
1.8 Earnest Money. The funds to be paid by Purchaser to Escrow Agent pursuant to
Section 3 hereof, plus any interest earned thereon.
1.9 Effective Date. The date when the last one of Seller or Purchaser has signed and
initialed all changes to this Agreement.
1.10 Environmental Report. The environmental assessment audit to be conducted by
Purchaser's environmental engineer, at Purchaser's expense, with respect to the Purchase Parcel,
certified and delivered to Purchaser.
1.11 Environmental Requirement. All laws, statutes, ordinances, rules, regulations,
orders, codes, licenses, permits, decrees, judgments, directives or the equivalent of or by any
federal, state or local governmental authority and relating to or addressing the protection of the
environment or human health and relating to the Purchase Parcel.
1.12 Escrow Agent. Weiss Serota Helfman Cole & Bierman, P.L.
1.13 Exhibits. The following exhibits are attached to and made a part of this
Contract:
1.13.1 Exhibit "A." Legal Description of the B2 Property.
1.13.2 Exhibit "B." Legal Description of MO Property.
1.13.3 Exhibit"C." Legal Description of Purchase Parcel.
1.13.4 Exhibit "D." Legal Description of Gulfstream Parcel.
1.13.5 Exhibit "E." Form of Special Warranty Deed.
1.13.6 Exhibit "F." Form of No Lien, Gap and FIRPTA Affidavit.
{M2363702;12} 3
1.13.7 Exhibit "G." Form of General Assignment.
1.14 Governmental Authority. Any federal, state, county, municipal or other entity,
authority, commission, board, bureau, court, agency or any instrumentality of any of them.
1.15 Gulfstream Parcel. The approximate two (2) acre parcel of unimproved land
consisting of a easterly portion of the B2 Property, owned by Seller and more specifically
described on Exhibit "D" attached hereto and made a part hereof, and which Seller intends to
rezone from B2 (Commercial Business)to MO (Medical Office).
1.16 Hazardous Substances. Any material or substance that, whether by its nature or
use, is now or hereafter defined as hazardous waste, hazardous substance, pollutant or
contaminant under any Environmental Requirement, or which is toxic, explosive, corrosive,
flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and which is
regulated under any Environmental Requirement, or which is or contains asbestos, PCB's,
petroleum, gasoline, diesel fuel or another petroleum hydrocarbon product.
1.17 Intangible Property. All intangible property owned by Seller and used solely in
connection with or solely relating to the ownership, use, development, operation, management,
occupancy or maintenance of the Purchase Parcel, including, but not limited to, the Permits and
all public and private contract rights and development or usage rights of Seller with respect to the
Purchase Parcel.
1.18 Legal Requirement. All laws, statutes, codes, acts, ordinances, orders,judgments,
decrees, injunctions, rules, regulations, permits, licenses, authorizations, directions and
requirements of all Governmental Authorities and quasi-governmental authorities, officials,
agencies, and officers, ordinary or extraordinary, which now are applicable to the Property and
Purchase Parcel or any use, operation or condition thereof.
1.19 MO Property. The approximately 12.733 acres of vacant unimproved land zoned
MO (Medical Office District) located in the City of Aventura, Miami-Dade County, Florida,
more particularly described on Exhibit "B" attached hereto and incorporated herein by reference,
which is the subject of the Conditional Use Approval.
1.20 Owner's Title Policy. An Owner's marketability policy of title insurance issued
by the Title Company, at Purchaser's expense, on the most current ALTA Form for the Purchase
Parcel, subject only to the Permitted Exceptions, and containing such additional endorsements
permitted under Florida title insurance regulations as requested by Purchaser.
1.21 Permits. All consents, notices of completion, environmental and utility permits
and approvals authorizations, variances, waivers, licenses, permits, certificates and approvals
from any Governmental Authority or quasi-governmental authority issued or granted with
respect to the Property and Purchase Parcel now or prior to Closing.
1.22 Permitted Exceptions. Those matters identified or referred to in Section 5.3 and
such other title exceptions as may hereafter be approved in writing by Purchaser (or deemed to
have been approved by Purchaser) subject to and in accordance with the terms and provisions of
Section 5 herein.
(M2363702;12} 4
1.23 Person. Any individual, sole proprietorship, partnership, limited liability
partnership, joint venture, trust, unincorporated organization, association, corporation, limited
liability company, institution, entity, party or government (whether national, federal, state,
county, city, municipal or otherwise, including, without limitation, any instrumentality, division,
agency, body or department thereof).
1.24 Purchaser's Attorney or City Attorney. Weiss Scrota Helfman Cole & Bierman,
P,L., Attention: Lillian M. Arango, Esq. and David M. Wolpin, Esq. Purchaser's Attorney's
mailing address is 2525 Ponce de Leon Blvd., Suite 700, Coral Gables, Florida 33134,
Telephone: (305) 854-0800; Telecopier: (305) 854-2323.
1.25 Purchase Parcel. The approximate two (2) acre parcel of unimproved land which
is a portion of the MO Property, more particularly described in Exhibit "C" attached hereto and
made a part hereof, lying adjacent to and westerly of Waterways Park, which Purchaser intends
to purchase for municipal purposes.
1.26 Restricted Access Covenant. The Declaration of Restrictive Covenants executed
by Seller and City on November 27, 2006, and recorded on November 29, 2006, in Official
Records Book 25136, Page 3908, of the Public Records of Miami-Dade County, Florida, which
prohibits vehicular access over, across and upon the B2 Property to and from N.E. 213 Street on
and after the date the first temporary certificate of occupancy is issued for a residential building
constructed on the B2 Property, but permits interim access subject to certain restrictions,
including limiting access by the public to weekends and holidays on which horse racing events
are scheduled at Gulfstream Park.
1.27 Seller's Attorney. Mastriana & Christiansen, P.A., Attention: Edwin J. Stacker,
Esq., Seller's Attorney's mailing address is 1500 North Federal Highway, Suite 200, Ft.
Lauderdale, Florida 33304, Telephone: (954) 618-6911, Fax: (954) 566-1592, email ejs@m-c-
law.com.
1.28 Seller Caused Monetary Lien. Any materialman's or mechanic's lien, mortgage or
other document recorded in the public records against the Property evidencing a monetary
obligation created by or through Seller.
1.29 Survey. A survey of the Purchase Parcel to be obtained by Purchaser prepared by
a licensed surveyor in the State of Florida, certified as meeting the minimum standards for
survey in the State of Florida. The Survey shall (i) show the square footage and acreage of the
Purchase Parcel, (ii) show the location of any and all improvements, utility and other lines and
easements, either visible or recorded, and the recording references of all recorded easements
shown on the Title Commitment, (iii) show the elevation and flood zone information, and (iv)
contain such other items as may be reasonably required by Purchaser.
1.30 Termination Date. The date which is sixty (60) days after the Effective Date, by
which date Purchaser must notify Seller of its election to terminate this Agreement after its due
diligence and inspections of the Purchase Parcel, as further set forth in Section 9 of this
Agreement.
{M2363702;12) 5
1.31 Title Commitment. The commitment for title insurance to be obtained by
Purchaser, at Purchaser's expense, pursuant to Section 5 below.
1.32 Title Company. Such nationally recognized title insurance company licensed to
write title insurance in the State of Florida which is approved by Purchaser.
SECTION 2: PURCHASE AND SALE
Purchaser shall purchase the Purchase Parcel from Seller, and Seller shall sell, convey,
transfer and assign the Purchase Parcel to Purchaser, subject to and in accordance with the terms
and conditions of this Agreement.
SECTION 3: EARNEST MONEY
Within three Business Days after the Effective Date, Purchaser shall deposit in escrow
with the Escrow Agent One Hundred Thousand and No/100 Dollars ($100,000.00) as Earnest
Money, to be delivered to Seller at Closing and applied as a credit against the Purchase Price (as
defined below) at Closing. Escrow Agent shall hold and disburse the Earnest Money in
accordance with the terms of this Agreement. If requested by Purchaser, Escrow Agent shall
invest the Earnest Money Escrow Agent in a United States federal government insured interest-
bearing account of a financial institution located in Miami-Dade or Broward County, Florida.
Purchaser and Seller agree to sign all forms and reports reasonably required in connection with
the holding and investing by Escrow Agent of the Earnest Money. For purposes of reporting
earned interest with respect to the Earnest Money, such interest shall accrue for the benefit of
Purchaser and shall be reported to the Internal Revenue Service using Purchaser's Federal tax
identification number which is 65-0662615.
SECTION 4: PURCHASE PRICE
The purchase price for the Purchase Parcel shall be Three Million Five Hundred
Thousand and No/100 Dollars ($3,500,000.00) (herein referred to as the "Purchase Price"). The
entire Purchase Price, less the amount of the Earnest Money and subject to adjustments and
prorations as herein provided, shall be due and payable to the Seller by cashier's check or in
immediately available funds, by wire transfer, at Closing. Seller and Purchaser acknowledge and
agree that the Purchase Price may or may not reflect the current fair market value of the Purchase
Parcel and neither shall be admissible as evidence of value or for any other purpose which may
prejudice either party in the event of any future condemnation or other adversarial proceeding
relating to the Purchase Parcel.
SECTION 5: TITLE/SURVEY
Title to the Purchase Parcel shall be good and marketable and insurable fee simple title in
the amount of the Purchase Price at no more than the Title Company's ordinary or promulgated
rates for the Owner's Title Policy subject only to the Permitted Exceptions as defined in Section
5.3. Seller shall deliver such affidavits and agreements as may be reasonably required by the
Title Company in order to issue the Owner's Title Policy in accordance with this Agreement.
(M2363702;12} 6
5.1 Examination of Title. Within five (5) Business Days of the Effective Date, Seller
shall deliver to Purchaser's attorney copies of Seller's existing title insurance policy covering the
Purchase Parcel and/or MO Property and all other title documents in Seller's possession and/or
control. Purchaser may obtain, at Purchaser's expense, an ALTA marketability title insurance
commitment (the "Title Commitment") issued by the Title Company covering the Purchase
Parcel pursuant to which the Title Company agrees to issue the Owner's Title Policy to
Purchaser. The cost of the Title Commitment and the Owner's Title Policy shall be paid by
Purchaser.
5.2 Survey. Within five (5) Business Days of the Effective Date, Seller shall provide
Purchaser with a copy of any existing survey of the Purchase Parcel and/or MO Property in
Seller's possession and/or control. At Purchaser's option, Purchaser may obtain an update of the
existing survey or order a new survey for the Purchase Parcel. The cost of the survey shall be
paid by Purchaser.
5.3 Permitted Exceptions. The sale of the Purchase Parcel shall be subject to the
following:
5.3.1. The lien of all ad valorem real estate taxes for the fiscal year in
which Closing occurs, subject to proration as herein provided;
5.3.2. Any items shown on the Title Commitment and approved by
Purchaser in accordance with Section 5.4 below;
5.3.3 All laws, ordinances, and governmental regulations, including, but
not limited to, all applicable building, zoning, land use and
environmental ordinances and regulations; and
5.4.4 All matters which would be disclosed by an accurate survey of the
Purchase Parcel provided that the foregoing exception shall not be
deemed to limit the rights and obligations of the Purchaser and
Seller as set forth in this Section 5.
The above items described in this Section 5.3 are herein collectively referred to as the
"Permitted Exceptions."
5.4 Objections to Title/Survey. Purchaser shall be entitled to object, in its reasonable
discretion, to any exceptions to title disclosed in the Title Commitment and/or matters shown on
the Survey within thirty (30) days of the Effective Date by delivering written notice thereof to
Seller. In the event that Purchaser shall so object to the Title Commitment and/or the Survey,
Seller shall within fifteen (15) days after receipt of such notice cure Purchaser's objections to
Purchaser's reasonable satisfaction. In the event Seller is unable to cure such objections within
such fifteen (15) day period, Purchaser may (i) waive such objections, (ii) grant Seller additional
time in writing to cure such objections (in which event, the Closing shall be delayed for an
equivalent period of time), or (iii) terminate this Agreement by written notice to Seller given no
later than the last day of such fifteen (15) day period, in which event the Earnest Money shall be
immediately returned to Purchaser and neither Purchaser nor Seller shall have any further
obligations hereunder, except obligations that expressly survive the termination of this
(M2363702;12} 7
Agreement. If Seller elects not to cure and Purchaser elects not to terminate this Agreement, the
Purchaser is deemed to have waived such objection.
5.5 Cure of Seller Caused Monetary Liens. Notwithstanding Section 5.4 above, if the
Title Commitment reveals the existence of a Seller Caused Monetary Lien, then Seller shall pay
any amount due in satisfaction of each such Seller Caused Monetary Lien as to the Purchase
Parcel (or otherwise cause the same to be removed as an exception in the Title Commitment)
which amount, at the option of Seller, may be paid from the proceeds of the Purchase Price at
Closing. If one or more Seller Caused Monetary Liens have not been satisfied before the
Closing Date, then Purchaser and Escrow Agent are hereby authorized to satisfy such Seller
Caused Monetary Liens from the proceeds of the Purchase Price at Closing.
5.6 Purchaser's Right to Terminate. If any title matter other than a matter disclosed in
the Title Commitment or the Survey arises or becomes known to Purchaser subsequent to the
date of the Title Commitment (a "New Title Matter") and such New Title Matter (a) is a Seller
Caused Monetary Lien or (b) was otherwise created or caused by Seller, then Seller shall cure
the New Title Matter caused by Seller, at Seller's expense, on or before Closing. If the New
Title Matter is not a Seller Caused Monetary Lien or was not created or consented to by Seller,
then Seller shall have until the earlier of(i) five (5) Business Days of Seller's receipt of written
notice thereof or (ii) the Closing Date, within which to cure the same, and if such New Title
Matter is not cured within such period, then Purchaser may, at its sole option, exercised by
written notice to Seller within five (5) Business Days following the expiration of the five (5)
Business Day cure period, either (i) terminate this Agreement and receive a refund of the Earnest
Money or (ii) elect to close subject to such New Title Matter. In the event of termination, neither
party hereto shall have any further rights, obligations or liabilities hereunder except to the extent
that any right, obligation or liability set forth herein expressly survives termination of this
Agreement.
SECTION 6: SELLER'S REPRESENTATIONS AND WARRANTIES
Seller represents and warrants to Purchaser and covenants and agrees with Purchaser, on
and as of the date hereof, to be certified to Purchaser on or as of the Closing, as follows:
6.1 Title. Seller is the fee simple owner of the Purchase Parcel free and clear of all
encumbrances except for the Permitted Exceptions.
6.2 Organization, Power and Authority. Seller is a corporation duly formed, validly
existing and in good standing under the laws of the State of Florida. Seller is duly qualified to do
business in the State of Florida in which the Purchase Parcel is located and has all necessary
corporate power to execute and deliver this Agreement and perform all its obligations hereunder.
The execution, delivery and performance of this Agreement by Seller (i) has been duly and
validly authorized by all necessary action on the part of Seller, and (ii) does not conflict with or
constitute a breach of, or constitute a default under, any material contract, agreement or other
instrument by which Seller or the Purchase Parcel is bound or to which Seller is a party.
6.3 No Bankruptcy. Seller is not a party to any voluntary or involuntary proceedings
under any applicable laws relating to the insolvency, bankruptcy, moratorium or other laws
{M2363702,12} 8
affecting creditors' rights to the extent that such laws may be applicable to Seller or the Purchase
Parcel.
6.4 No Litigation. Seller is not a party to or affected by any litigation, administrative
action, investigation or other governmental or quasi-governmental proceeding which would have
or could reasonably be expected to have a material adverse effect upon the Purchase Parcel or
upon the ability of Seller to fulfill its obligations under this Agreement. There are no lawsuits,
administrative actions, governmental investigations or similar proceedings pending or threatened
against or adversely affecting the Purchase Parcel or any portion thereof or any interest therein.
6.5 No Violations. There are no presently outstanding and uncured notices of any
violations of any Legal Requirements or Environmental Requirements, and no Person capable of
issuing such notice of violation has threatened to issue a notice of violation.
6.6 No Hazardous Substances on Purchase Parcel. Seller has not received notice of
any violation of Hazardous Substances on the Purchase Parcel and has no knowledge of
Hazardous Substances being disposed of or used on the Purchase Parcel and/or MO Property.
6.7 Assessments. Seller has not received written notice of any assessments by a
public body, whether municipal, county or state imposed, contemplated or confirmed and ratified
against any of the Purchase Parcel for public or private improvements which are now or hereafter
payable.
6.8 No Rights to Purchase. Seller has not entered into any agreement, commitment,
option, right of first refusal or any other agreement, whether oral or written, with respect to the
purchase, assignment or transfer of all or any portion of the Purchase Parcel which is currently in
effect.
6.9 Parties in Possession. Other than Seller, there are no parties in possession of any
portion of the Purchase Parcel, as lessees, tenants at sufferance or trespassers.
6.10 Unrecorded Agreements Restricting Use of the Purchase Parcel. Seller has not
executed or caused to be executed any document with or for the benefit of any Governmental
Authority restricting the development, use or occupancy of the Purchase Parcel that is not
recorded in the public records of the county in which the Purchase Parcel is located or has not
been specifically disclosed in writing to Purchaser.
6.11 Survival. The foregoing representations, warranties, covenants and agreements of
Seller in this Section 6 shall survive the Closing or termination of this Agreement for a period of
one (1) year thereafter.
SECTION 7: PURCHASER'S REPRESENTATIONS AND WARRANTIES
Purchaser represents and warrants to Seller and covenants and agrees with Seller that the
following facts and conditions exist and are true as of the date hereof and shall exist and be true
(and certified as such) as of the date of the Closing.
(M2363702,12} 9
7.1 Purchaser is a Florida municipal corporation duly organized, existing and in good
standing under Florida law. Purchaser has the requisite power and authority to purchase the
Purchase Parcel and to enter into and perform its obligations hereunder. The execution, delivery
and performance of this Agreement by Purchaser will prior to the Termination Date be duly and
validly authorized by all necessary action on the part of Purchaser.
SECTION 8: SELLER'S COVENANTS
From and after the date hereof, through and including the Closing Date, Seller agrees as
follows (each of which covenants is a condition to Purchaser's obligations to close under this
Agreement and must be satisfied by Seller or waived by Purchaser in writing prior to Closing):
8.1 Inspection of Property. Subject to Section 9.1, Seller will allow Purchaser and its
agents and contractors to enter upon the Purchase Parcel for any purpose in connection with
Purchaser's inspections of the Purchase Parcel and the proposed purchase, use and operation of
the Purchase Parcel.
8.2 Management Prior to Closing. Between the date of this Agreement and the
Closing Date, Seller shall maintain the Purchase Property in substantially the same physical
condition as on the date of Seller's execution of this Agreement, subject to force majeure events
beyond the reasonable control of Seller.
8.3 Notices. Seller shall, promptly upon Seller's obtaining knowledge thereof,
provide Purchaser with a written notice of any event which has a material adverse effect on the
physical condition of the Purchase Parcel.
8.4 Notices of Violation. Promptly after Seller obtains knowledge or upon receipt of
written notice thereof, Seller shall provide Purchaser with written notice of any violation of any
Legal Requirements or Environmental Requirements affecting the Purchase Parcel and/or the
MO Property, any service of process relating to the Purchase Parcel and/or the MO Property or
which affects Seller's ability to perform its obligations under this Agreement or any other
correspondence or notice received by Seller which has or has the potential to have a material
adverse effect on the Purchase Parcel and/or MO Property. Promptly after Purchaser obtains
knowledge or upon receipt of written notice thereof, Purchaser has provided or shall provide
Seller with written notice of any service of process which affects Purchaser's ability to perform
its obligations under this Agreement.
8.5 Notification of Change of Circumstances. Each of Purchaser and Seller shall
provide the other with written notice of any transaction or occurrence prior to Closing which
could make any of the warranties, representations, covenants and agreements of such party under
this Agreement not true with the same force and effect, as if made on or as of the date hereof.
8.6 Seller's Cooperation. If requested by Purchaser, Seller will, at no cost or expense
to Seller, promptly execute any (if required) and all petitions, applications, easements, plats, site
plans, waivers of plats, and other documents which Purchaser may reasonably request and
otherwise reasonably cooperate with Purchaser in connection with Purchaser obtaining or
granting any permit, plat, waiver of plat, site plan approval, easement, right-of-way dedication,
rezoning, right-of-way deed, variance or other administrative authorization (each an
{M2363702;12} 10
"Authorization") required for Purchaser's proposed acquisition and development of the Purchase
Parcel prior to Closing.
8.7 Survival. The foregoing covenants and agreements of Seller shall not survive the
Closing and delivery of the Deed, except that Seller's obligations under Section 8.6 shall survive
the Closing.
SECTION 9: PURCHASER'S DUE DILIGENCE AND INSPECTION OF
PROPERTY
9.1 Inspection of Purchase Parcel. Purchaser and/or its authorized agents, employees
or independent contractors shall have, at all reasonable times prior to the Termination Date, the
right to go onto the Purchase Parcel, at Purchaser's sole cost and expense, to inspect, examine,
test, investigate, appraise and survey the Purchase Parcel, including, without limitation, soils and
environmental tests and inspections; provided, however, in the case of any intrusive inspection or
test (e.g., core sampling), Purchaser must obtain Seller's prior written consent (which consent
shall not be unreasonably withheld, delayed or conditioned). Purchaser shall provide Seller with
telephone or email notice at least 48 hours prior to entering upon the Purchase Parcel to perform
any inspections. In exercising the rights granted pursuant to this section 9, Purchaser shall
substantially restore the Purchase Parcel to the condition existing prior to such activities on the
Purchase Parcel. In consideration of Purchaser's right to inspect the Purchase Parcel as described
in this section 9, subject to the provisions and monetary limitations of Section 768.28, Florida
Statutes, Purchaser agrees to indemnify, defend and hold Seller harmless from any actions, suits,
liens, claims, damages, expenses, losses and liability for damage of any kind arising from or
attributable to any acts performed by Purchaser or its appointed agents or independent
contractors in exercising Purchaser's rights under this section 9 (including, without limitation,
any rights or claims of materialmen or mechanics to liens on the Property, but excluding any
matter to the extent arising out of the acts or omissions, negligence or misconduct of Seller). In
conducting any inspections, investigations or tests of the Purchase Parcel. Purchaser and its
agents and representatives shall: (i) not interfere with the operation and maintenance of the
Purchase Parcel; (ii) not damage any part of the Purchase Parcel or any personal property located
thereon; (iii) promptly pay when due the costs of all tests, investigations, and examinations done
with regard to the Purchase Parcel; (iv) not permit any liens to attach to the Purchase Parcel by
reason of the exercise of its rights hereunder; and (v) repair any damage to the Purchase Parcel
resulting from any such inspection or tests.
9.2 Purchaser's Right to Terminate during Inspection Period. If Purchaser determines
during the Inspection Period that the Purchase Parcel is not suitable for Purchaser's purposes for
any reason, in Purchaser's sole discretion, Purchaser may terminate this Agreement by sending
notice of termination to Seller and Escrow Agent on or before the Termination Date. Upon
timely termination of this Agreement by Purchaser, Escrow Agent will refund the Earnest Money
to Purchaser, and thereafter neither Purchaser nor Seller will have any further rights or
obligations under this Agreement except for those rights and obligations which survive
termination of this Agreement. Purchaser's failure to notify the Seller in a timely manner of
Purchaser's election to terminate this Agreement shall be deemed an election to proceed under
this Agreement.
{M2363702;12} 11
9.3 Seller to Provide Existing Studies. Within 10 days after the Effective Date, Seller
will provide to Purchaser copies of all existing engineering studies, surveys, maps, reports and
other documentation in Seller's possession pertaining to the Purchase Parcel and/or MO
Property, if any ("Property Reports"). Seller consents to Purchaser's use of the Property
Reports in connection with the purchase and development of the Purchase Parcel.
9.4 "As Is" Condition of the Purchase Parcel. Purchaser acknowledges and agrees
that it has been given the opportunity during the Inspection Period to perform all inspections and
investigations concerning the Purchase Parcel to its satisfaction, and that the Seller is not making
and has not made any representations or warranties, express or implied, as to the Purchase
Parcel.
SECTION 10: CLOSING
10.1 Closing Date. The Closing Date shall occur on the date which is the first to occur
of(i) ten (10) days following issuance of the Development Approvals set forth in Section 12.3
below or (ii) one hundred and eighty (180) days from the Effective Date; provided, however,that
the Closing Date may be extended by either party by delivering written notice thereof to the
other at least five (5) Business Days prior to the aforementioned Closing Date if the Seller's
conditions precedent set forth in Section 12 shall not be satisfied as of the Closing Date so long
as Seller timely submitted the Required Applications (as defined below) as required by Section
12.4 and is with reasonable diligence and in good faith pursuing satisfaction of such conditions
precedent. Said extension shall only be until such time as the conditions precedent are satisfied
and in no event more than thirty (30) days.
10.2 Closing. Purchaser and Seller will close this transaction on the Closing Date
commencing at 10:00 a.m. The Closing will take place at the offices of Purchaser's Attorney.
10.3 Delivery and Possession. At Closing, Seller shall deliver to Purchaser the items
required of Seller under this Agreement, and Purchaser shall deliver to Seller the balance of the
Purchase Price (after crediting the Earnest Money and making other adjustments and prorations
as provided herein) and the other items required of Purchaser under this Agreement. Seller shall
deliver possession of the Purchase Parcel to Purchaser, subject only to the Permitted Exceptions
at the time of Closing. Risk of loss shall remain with Seller until Closing.
10.4 Closing Costs.
10.4.1 Seller's Costs. Seller shall pay (i) the fees and expenses of Seller's
Attorney, (ii)the documentary stamps and surtaxes due on the Deed(s), (iii) the cost of recording
any corrective instruments, if any.
10.4.2 Purchaser's Costs. Purchaser shall pay (i) any costs incurred by
Purchaser in preparing and performing its due diligence investigations, (ii) the cost of the Title
Commitment, (iii) the premium for the Owner's Title Policy, (iv) the cost of recording the Deed,
(v) the cost of the Survey, and (vi) the fees and expenses of Purchaser's Attorney.
10.4.3 Other Costs. Any other costs not specifically provided for in subsection
10.4.1, subsection 10.4.2 or otherwise pursuant to the terms of this Agreement shall be paid by
{M2363702;12) 12
the party who incurred those costs, or if neither party is charged with incurring any such costs,
then by the party customarily assessed for such costs in the county where the Purchase Parcel is
located.
SECTION 11: PURCHASER'S CONDITIONS TO CLOSING
Purchaser's obligation to purchase the Purchase Parcel is expressly conditioned upon the
fulfillment or satisfaction of each of the following conditions precedent on or before the Closing
Date (any of which may be waived only in writing by Purchaser in its discretion).
11.1 Seller shall have fully performed in all material respects each undertaking and
covenant and agreement to be performed by Seller under this Agreement including, but not
limited to, delivery of all items and documents required under Section 14 below;
11.2 Governmental Approvals. Purchaser obtaining on or before the Termination Date
all final, non-appealable governmental approval(s) by the Commission of City of Aventura and
any other Governmental Authorities to purchase the Purchase Parcel and finance the acquisition
thereof, and approval of this Agreement (collectively the "Governmental Approvals").
Purchaser shall have up to and including the Termination Date to obtain any and all
Governmental Approvals. If Purchaser does not obtain the Governmental Approvals on or
before the Termination Date, then Purchaser shall have the right to (i) terminate this Agreement
by notifying Seller or Seller's Attorney of such termination on or before the Termination Date or
(ii) waive this contingency. If this Agreement is terminated by Purchaser, the Earnest Money
shall be refunded to Purchaser by the Escrow Agent and thereafter neither party hereto shall have
any further rights, obligations, or liabilities hereunder except to the extent that any right,
obligation or liability set forth herein expressly survives termination of this Agreement.
11.3 Subdivision; Cut-Out of Purchase Parcel. The Purchase Parcel shall have been
subdivided, if required, and/or cut-out from the MO Property in accordance with all applicable
regulations of Governmental Authority. Seller agrees to execute any documentation necessary or
required to subdivide or cut-out the Purchase Parcel from the MO Property.
11.4 Each representation and warranty made in this Agreement by Seller shall be
complete, true and accurate in all material respects;
11.5 Except as cured by Seller or otherwise approved or waived in writing by
Purchaser, no event shall have occurred which may have a material adverse effect on the
physical condition of the Purchase Parcel.
If any of the foregoing conditions are not satisfied at or before the Closing Date, then
Purchaser, as its sole remedy may either (i) terminate this Agreement by written notice to Seller,
in which event the Earnest Money shall be returned to Purchaser and the parties shall be released
from all obligations and liabilities under this Agreement except those that expressly survive
termination of this Agreement or (ii) elect to close and accept the Purchase Parcel and title
thereto "as is" without claim against the Seller therefor and without reduction to the Purchase
Price. If the Purchaser does not timely deliver to Seller such notice of termination by the Closing
Date, then Purchaser shall be deemed to have elected to proceed to close on the Purchase Parcel
pursuant to subsection (ii) of the preceding sentence. If the failure of any of the foregoing would
{M2363702,12) 13
constitute a default hereunder, Purchaser shall have the rights and remedies provided in Section
18.
SECTION 12: SELLER'S CONDITIONS TO CLOSING
Seller's obligation to sell the Purchase Parcel is expressly conditioned upon the
fulfillment or satisfaction of each of the following conditions precedent on or before the Closing
Date (any of which may be waived only in writing by Seller in its sole discretion):
12.1 Purchaser shall have fully performed in all material respects each undertaking and
covenant and agreement to be performed by Purchaser under this Agreement;
12.2 Each representation and warranty made in this Agreement by Purchaser shall be
complete, true and accurate in all material respects;
12.3 Development Approvals. Seller shall have obtained from City "Final Approval"
(which for purposes of this Agreement shall mean that all appeal periods have expired without
the filing of an objection, or if an objection is filed within the appeal period, such objection is
resolved in Seller's favor) of:
12.3.1 Rezoning of Gulfstream Parcel. Rezoning of the Gulfstream
Parcel from B2 (Community Business) to MO (Medical Office) zoning district, including any
necessary ordinance amending the Zoning Map, subject to review and approval pursuant to the
City's development review and public hearing process, the City Code and Florida law;
12.3.2 Amendment to the Development Agreement. An Amendment to
the Development Agreement for the B2 Property extending the term for seven (7) years from the
last effective date thereof on November 8, 2016, and providing for modifications in connection
with vehicular access to and from the B2 Property from NE 213 Street, substantially in the form
approved by the City Manager and City Attorney, subject to review and approval pursuant to the
City's development review and public hearing process, the City Code and Florida law; and
12.3.3 Amendment to Conditional Use Approval. An amendment to the
Conditional Use Approval to: (i) extend the period of time in which to obtain a building permit
for the development approvals on the MO Property for seven (7) years from the last City
Commission approved extension of January 12, 2017; (ii) modify the legal description of the
property affected by the Conditional Use Approval to delete parcels previously lessed out or
conveyed by Seller to City and to add the Gulfstream Parcel to be rezoned; (iii) delete any
requirement that the development of the MO Property be tied to the plans submitted with the
application at the time of the Conditional Use Approval and listed in Section 1 of Resolution No.
2006-62; (iv) and reconfirm the Seller or developer's rights to construct a building or buildings
based on the original acreage of the MO Property of 13.715 acres, with a maximum density of 35
dwelling units per acre and not to exceed 480 units and a height of 25 stories or 259 feet; all
subject to review and approval pursuant to the City's development review and public hearing
process, the City Code and Florida law.
{M2363702,12) 14
The rezoning of the Gulfstream Parcel, the Amendment to the Development Agreement and the
Amendment to the Conditional Use Approval are hereinafter collectively referred to as the
"Development Approvals".
12.4 Development Approvals Applications. Within sixty (60) days after the Effective
Date (the "Required Applications Filing Date"), Seller agrees to submit to the City complete
applications for the Development Approvals as set forth above (collectively, the "Required
Applications"), and thereafter diligently, expeditiously, and in good faith prosecute the Required
Applications. Seller will be responsible for the preparation and cost of all applications and
supporting documents required to obtain the Development Approvals, including payment of all
application fees and development review fees charged by the City. Seller will insure that all
applications are complete when submitted, and will submit the required applications within the
time periods specified in this section of the Agreement. Seller's failure to timely submit an
application for Development Approvals within the time period specified will be an event of
default under this Agreement.
12.5 City Processing of Development Approvals Applications. City will process the
Required Applications in accordance with the City's development review and public hearing
process, the City Code and Florida law.
12.6 Failure to Obtain Development Approvals. If Seller, after diligent effort, is
unable to obtain any of the Development Approvals within one hundred and twenty (120) days
after the Effective Date, either party shall have the right to terminate this Agreement by sending
written notice to the other party and Escrow Agent. Upon receipt of the notice of termination,
Escrow Agent will return the Earnest Money to Purchaser, and thereafter neither Seller nor
Purchaser will have any rights or obligations under this Agreement except for those rights and
obligations which survive termination of the Agreement.
SECTION 13: PRORATIONS AND CREDITS AT CLOSING
All prorations provided to be made "as of the Closing Date" shall each be made as of
11:59 p.m. local time on the date immediately preceding the Closing Date. In each proration set
forth below, the portion thereof allocable to periods beginning with the Closing Date shall be
credited to Purchaser, or charged to Purchaser, as applicable, at Closing or, in the case of
allocations made after Closing, upon receipt of such payments or invoice as of the Closing Date.
Except as may otherwise be specified herein, the following items shall, as applicable, be prorated
between Purchaser and Seller or credited to Purchaser or Seller:
13.1 Property Taxes and Assessments.
13.1.1 Taxes. Seller acknowledges and agrees that the Purchase Parcel is being
purchased by an exempt governmental entity and that the parties must comply with
Section 196.295, Florida Statutes, regarding real estate taxes. In connection with the foregoing,
prior to Closing, Purchaser and Seller shall cause the Miami-Dade County Property Appraiser
and Tax Collector, as applicable, to identify in writing the amount of prorated real estate taxes to
be paid to the Miami-Dade County Tax Collector in order to comply with Section 196.295,
Florida Statutes. If for any reason the foregoing is not accomplished by the Closing Date, a
(M2363702,12) 15
portion of Seller's proceeds of this transaction as deemed necessary by the Title Company shall
be placed in escrow pending receipt of such information from the Miami-Dade County Tax
Collector. Upon Closing, Seller hereby authorizes disbursement to the Miami-Dade County Tax
Collector of the amount necessary to comply with Section 196.295, Florida Statutes. Seller shall
remain responsible for, and promptly pay to the Miami-Dade County Tax Collector, any
underpayments.
13.1.2 Special Assessments. Certified, confirmed and ratified special assessment
liens as of the Closing Date, if any, shall be paid by Seller or Purchaser shall receive a credit
therefor. Pending liens as of the Closing Date shall be assumed by Purchaser; provided,
however, that where the improvement for which the special assessment was levied, had been
substantially completed as of the date of this Agreement, such pending liens shall be considered
as certified, confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the
estimated assessment for the improvement.
13.2 Other Matters. Seller and Purchaser shall make such other adjustments and
apportionments as are expressly set forth in this Agreement.
13.3 Survival. The provisions of this Section 13 shall survive the Closing and the
delivery of the Deed. In the event final figures have not been reached on any of the adjustments,
prorations or costs which are to be adjusted at or prior to Closing pursuant to this Section 13, the
parties shall close using adjustments and prorations reasonably estimated by Seller and
Purchaser, subject to later readjustment when such final figures have been obtained. The parties
hereto agree that they shall seek to determine the amounts of all prorations and adjustments
required hereunder on or before the Closing Date, if possible.
SECTION 14: CONVEYANCES AND DELIVERIES AT CLOSING
14.1 Delivery of Documents. At the Closing, Seller and Purchaser will execute the
following documents, as appropriate, (collectively, "Closing Documents") and deliver the
signed Closing Documents to the Title Company, which will serve as the "Closing Agent" for
this transaction:
14.1.1 Special Warranty Deed. At Closing, Seller shall convey the Purchase
Parcel to Purchaser by a duly executed and recordable special warranty deed, in substantially the
form attached hereto as Exhibit "E" (herein referred to as "Deed"), free and clear of all liens,
encumbrances and other conditions of title and subject only to the Permitted Exceptions.
14.1.2 Seller's No Lien, Gap and FIRPTA Affidavit. Seller shall execute a
duly executed no lien, possession, gap and FIRPTA affidavit, in substantially the form attached
as Exhibit"F."
14.1.3 General Assignment. An assignment from Seller to Purchaser of all
Intangible Property, contracts, Permits, licenses and other rights applicable to the Purchase
Parcel, in substantially the form attached as Exhibit "G."
14.1.4 Closing Statement. A closing statement signed by Seller and Purchaser
showing the Purchase Price, Earnest Money, and all other credits, debits, prorations and
{M2363702;12) 16
adjustments to the Purchase Price required by this Agreement. Both Seller and Purchaser will
sign the Closing Statement.
14.1.5 Disbursement Instructions. Instructions as to the disbursement of the
Earnest Money, cash to close, and sale proceeds to the Seller, signed by Seller and Purchaser.
14.1.6 City Resolution. A certified copy of the City of Aventura resolution
authorizing the purchase of the Purchase Parcel.
14.1.7 Seller's Resolution. A company resolution of Seller satisfactory to City
Attorney and the Title Company authorizing Seller to sell the Purchase Parcel and enter into and
close the transaction contemplated by this Agreement.
14.1.8 Development Agreement. At Closing, Seller and City will enter into an
Amendment to the Development Agreement for the B2 Property as provided in Section 12.3.2,
substantially in form and substance as prepared and approved by City Manager and City
Attorney.
14.1.9 Amendment to Conditional Use Approval. At Closing, Seller will have
obtained an amendment to the Conditional Use Approval as provided in Section 12.3.3.
14.1.10 Amendment to Restricted Access Covenant. At Closing, Seller and City
shall execute and cause to be recorded in the public records of Miami-Dade County, Florida, an
amendment to the Restricted Access Covenant to permit interim access, subject to certain
restrictions, by the public to add or include weekday horse events at Gulfstream Park,
substantially in form and substance as prepared and approved by City Manager and City
Attorney.
14.1.11 Other Documents. Such other documents from either Seller or Purchaser
as the Title Company may reasonably require.
14.2 Transfer of Funds. Purchaser will wire the Cash to Close to Closing Agent, and
Escrow Agent will wire the Earnest Money to Closing Agent.
14.3 Disbursement of Funds. When Closing Agent has received all of the Closing
Documents, the Earnest Money and Cash to Close, Closing Agent will disburse the funds in
accordance with the Disbursement Instructions and record the Deed in the Public Records of
Miami-Dade County, and deliver the remaining Closing Documents to the appropriate parties.
SECTION 15: NOTICES
All notices, demands, requests and other communications required under this Agreement
must be given in writing and may be delivered by (i) hand delivery, with a receipt issued by the
party making such delivery; (ii) certified mail, return receipt requested, or (iii) a nationally
recognized overnight delivery service which provides delivery confirmation. Notice will be
deemed to have been given upon receipt or refusal of delivery of notice sent by one of the three
foregoing methods. All notices, demands, requests and other communications required under this
Agreement may also be sent by electronic mail provided that the electronic communication is
{M2363702;12) 17
followed up by notice given pursuant to one of the three methods in the preceding sentence.
Any party may designate a change of address by written notice to the other party, received by
such other party at least ten (10) days before the change of address is to become effective.
Addresses for notices are to be as follows:
IF TO SELLER:
Gulfstream Park Racing Association, Inc.
901 South Federal Highway
Hallandale, Florida 33009
Attention: Michael Fucheck, Esq., General Counsel
Telephone No.: (954) 457-6282
Email Address:
with copies to:
Mastriana & Christiansen, P.A.
Attention: Edwin J. Stacker, Esq.
1500 North Federal Highway, Suite 200
Ft. Lauderdale, Florida 33304
Telephone No.: (954) 618-6911
Email: ejs@m-c-law.com
IF TO PURCHASER:
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Attention: Eric M. Soroka, City Manager
Telephone No.: (305) 466-8910
Email: sorokae@cityofaventura.com
with a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Attention: Lillian M. Arango, Esq. & David M. Wolpin, Esq.
Telephone No.: (305) 854-0800
Email: larango twsh-law.com; dwolpin(?iwsh-law.com
{M2363702;12) 18
SECTION 16: CASUALTY AND CONDEMNATION
16.1 Casualty. The Purchase Parcel shall be conveyed to Purchaser in the same
condition as on the date of this Agreement, ordinary wear and tear excepted, free of all tenancies
or occupancies, other than the Permitted Exceptions.
16.2 Condemnation. At Closing, Seller shall assign to Purchaser all of Seller's right,
title and interest in and to the beds of streets, roads, alleys, avenues and highways abutting the
Purchase Parcel and all of Seller's right, title and interest in and to all awards in condemnation, or
damages or any kind, to which Seller is entitled at the time of Closing, by reason of any exercise
of power of eminent domain with respect thereto or for the taking of the Purchase Parcel or any
part thereof or by reason of any other event affecting the Purchase Parcel which gives rise to a
damage claim against a third Party after the date hereof. Prior to the Closing Date, if all or any
portion of the Purchase Parcel is taken, or if access thereto is reduced or restricted by eminent
domain or otherwise (or if such taking, reduction or restriction is pending, threatened or
contemplated) (hereinafter a "Condemnation Proceeding"), Seller shall immediately notify
Purchaser of such fact. In the event that such notice is related to the taking of all or any material
portion of the Purchase Parcel, Purchaser shall have the option, in its sole and absolute
discretion, to terminate this Agreement upon written notice to Seller given not later than thirty
(30) days after receipt of Seller's notice; whereupon the Earnest Money shall be refunded to
Purchaser and thereafter neither Party shall have any rights, obligations or liabilities hereunder
except with respect to those rights, obligations or liabilities which expressly survive the
termination of this Agreement. If Purchaser does not elect to terminate this Agreement as herein
provided, or in the event of a non-material condemnation, Seller shall pay to Purchaser any
award received by Seller prior to Closing and Purchaser shall have the right to participate with
Seller in any Condemnation Proceeding affecting the Purchase Parcel, provided, that in doing so
Purchaser shall cooperate with Seller in good faith.
SECTION 17: BROKERS
Each party represents to the other that such party has not incurred any obligation to any
broker, finder or real estate agent with respect to the purchase or sale of the Purchase Parcel.
Each of Seller and Purchaser warrants and represents to the other that such party has employed
(expressly or impliedly) no broker, agent or other such Person as to which a commission or other
such fee is or would become due or owing as a result of the purchase and sale contemplated
hereby and has made no agreement(express or implied) to pay any broker's commission or other
such fees in connection with the purchase and sale contemplated by this Agreement. Each of
Seller and Purchaser agrees to indemnify and defend the other against, and to hold the other
harmless of and from all claims, demands and liabilities (including reasonable attorney's fees
and expenses incurred in defense thereof) for any commission or fees payable to, or claimed by,
any broker agent or other such Person arising out of the employment or engagement of such
Person employed (expressly or impliedly) by Seller of Purchaser, as applicable, or with whom,
Seller or Purchaser, as applicable, has or is claimed to have, made an agreement (express or
implied) to pay a commission or other such fee; provided, however, Purchaser's indemnity
obligations hereunder are subject to the provisions and monetary limitations of Section 768.28,
{M2363702;12} 19
Florida Statutes. The representation, warranties, undertakings and indemnities of this Section 15
shall survive the Closing hereunder and any termination of this Agreement for a period of one (1)
year thereafter.
SECTION 18: DEFAULT/REMEDIES
18.1 Seller's Default/Purchaser's Remedies. If Seller defaults in the observance or
performance of its covenants and obligations hereunder, Purchaser may, at its option, and as its
sole remedy (1) terminate this Agreement and receive a refund of the Earnest Money or (2) seek
specific performance of this Agreement. Purchaser hereby waives, relinquishes and releases any
and all other rights and remedies, including but not limited to: (1) any right to sue Seller for
damages or (2) any other right or remedy which Purchaser may otherwise have against Seller,
either at law, or equity or otherwise.
18.2 Purchaser's Default/Seller's Remedies. If Purchaser defaults in the observance or
performance of its covenants and obligations hereunder, then Seller, as its sole and exclusive
remedy, shall (as an election of remedies) receive the Earnest Money from Escrow Agent as
liquidated damages. Purchaser and Seller acknowledge the difficulty of ascertaining the actual
damages in the event of such default, that it is impossible to more precisely estimate the damages
to be suffered by Seller upon such default, that the retention of the Earnest Money by Seller is
intended not as a penalty but as full liquidated damages and that such amount constitutes a good
faith estimate of the potential damages arising therefrom. Seller's right to so terminate this
Agreement and to receive liquidated damages as aforesaid is Seller's sole and exclusive remedy.
Seller hereby waives, relinquishes and releases any and all other rights and remedies, including
but not limited to: (1) any right to sue Purchaser for damages or to prove that Seller's actual
damages exceed the amount which is hereby provided Seller as fully liquidated damages or (2)
any other right or remedy which Seller may otherwise have against Purchaser, either at law, or
equity or otherwise.
18.3 Notice and Opportunity to Cure Defaults. Before either Seller or Purchaser
declares a default under this Agreement, the non-defaulting party must send written notice of the
default to the defaulting party and to Escrow Agent. The defaulting party will have a period of
five (5) Business Days after receipt of the notice of default to cure the default or, if such default
cannot reasonably be cured within five (5) Business Days, to commence and thereafter diligently
complete cure of the default within thirty (30) days of the date of the notice of default. Neither
Seller nor Purchaser will be entitled to any of the remedies set forth in this Agreement until a
notice of default is sent to the defaulting party and the defaulting party has an opportunity to cure
the default within five (5) Business Days after the receipt of the notice.
SECTION 19: ESCROW AGENT
19.1 Performance of Duties. Escrow Agent undertakes to perform only such duties as
are expressly set forth in this Agreement. Escrow Agent shall not be deemed to have any
implied duties or obligations under or related to this Agreement.
19.2 Reliance. Escrow Agent may (i) act in reliance upon any writing or instrument or
signature which it, in good faith, believes to be genuine; (ii) assume the validity and accuracy of
W2363702,121 20
any statement or assertion contained in such a writing or instrument; and (iii) assume that any
person purporting to give any writing, notice, advice or instructions in connection with the
provisions of this Agreement has been duly authorized to do so. Escrow Agent shall not be
liable in any manner for the sufficiency or corrections as to form, manner of execution, or
validity of any instrument deposited in escrow, nor as to the identity, authority, or right of any
person executing any instrument; Escrow Agent's duties under this Agreement are and shall be
limited to those duties specifically provided in this Agreement.
19.3 Right to Interplead. If the parties (including Escrow Agent) shall be in
disagreement about the interpretation of this Agreement, or about their respective rights and
obligations, or about the propriety of any action contemplated by Escrow Agent, Escrow Agent
may, but shall not be required to, file an action in interpleader to resolve the disagreement; upon
filing such action, Escrow Agent shall be released from all obligations under this Agreement.
19.4 Attorney's Fees and Costs. In any suit between Purchaser and Seller wherein
Escrow Agent is made a party because of acting as Escrow Agent hereunder, or in any suit
wherein Escrow Agent interpleads the subject matter of the Escrow, Escrow Agent shall recover
reasonable attorney's fees and costs incurred with the fees and costs to be paid from and out of
the escrowed funds or equivalent and charged and awarded as court costs in favor of the
prevailing party. The parties hereby agree that Escrow Agent shall not be liable to any party or
person for misdelivery to Purchaser or Seller of items subject to this escrow, unless such
misdelivery is due to willful breach of this Agreement or gross negligence of Escrow Agent.
19.5 Escrow Agent as Counsel for Purchaser. It is acknowledged that Escrow Agent is
counsel for Purchaser. It is agreed that Escrow Agent shall not be disabled or disqualified from
representing Purchaser, its council members, parents, officers, directors or agents in connection
with any dispute or litigation which may arise out of or in connection with this transaction or this
Agreement as a result of Escrow Agent acting as the escrow agent under this Agreement and the
Seller, waives any claim or right to assert a conflict arising out of or in connection with the
foregoing.
SECTION 20: GENERAL PROVISIONS
20.1 Entire Agreement. This Agreement, and all the Exhibits referenced herein and
annexed hereto, contain the final, complete and entire agreement of the parties hereto with
respect to the matters contained herein, and no prior agreement or understanding pertaining to
any of the matters connected with this transaction shall be effective for any purpose. Except as
may be otherwise expressly provided herein, the agreements embodied herein may not be
amended except by an agreement in writing signed by the parties hereto.
20.2 Governing Law; Venue. This Agreement shall be governed by and construed
under the laws of the State of Florida. Venue for any dispute or litigation shall be in Miami-
Dade County, Florida.
20.3 Further Assurances. Seller and Purchaser each agrees to execute and deliver to
the other such further documents or instruments as may be reasonable and necessary in
{M2363702;12) 21
furtherance of the performance of the terms, covenants and conditions of this Agreement. This
covenant shall survive the Closing.
20.4 Interpretation. The titles, captions and paragraph headings are inserted for
convenience only and are in no way intended to interpret, define, limit to expand the scope or
content of this Agreement or any provision hereto. If any party to this Agreement is made up of
more than one Person, then all such Persons shall be included jointly and severally, even though
the defined term for such party is used in the singular in this Agreement. This Agreement shall
be construed without regard to any presumption or other rule requiring construction against the
party causing this Agreement to be drafted. If any words or phrases in this Agreement shall have
been stricken out or otherwise eliminated, whether or not any other words of phrases have been
added, this Agreement shall be construed as if the words or phrases so stricken out or otherwise
eliminated were never included in this Agreement and no implication or inference shall be drawn
from the fact that said words or phrases were so stricken out or otherwise eliminated.
20.5 Counterparts. This Agreement may be executed in separate counterparts, each of
which constitutes the agreement of the parties and each of which will be treated as an original.
20.6 Non-waiver. No waiver by Seller or Purchaser of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by such party. No delay or
omission in the exercise of any right or remedy accruing to Seller or Purchaser upon any breach
under this Agreement shall impair such right to remedy or be construed as a waiver of any such
breach theretofore or thereafter occurring. The waiver by Seller or Purchaser of any breach of
any term, covenant or condition herein stated shall not be deemed to be a waiver of any other
breach, or of a subsequent breach of the same or any other term, covenant or condition herein
contained.
20.7 Severability. This Agreement is intended to be performed in accordance with and
only to the extent permitted by applicable law. If any provisions of this Agreement or the
application thereof to any Person or circumstance shall, for any reason and to any extent, be
invalid or unenforceable, but the extent of the invalidity or unenforceability does not destroy the
basis of the bargain between the parties as contained herein, the remainder of this Agreement and
the application of such provision to other Persons or circumstances shall not be affected thereby,
but rather shall be enforced to the greatest extent permitted by law.
20.8 Exhibits. The Exhibits referred in and attached to this Agreement are
incorporated herein in full by this reference.
20.9 Attorneys' Fees. In the event of any controversy, claim or dispute between the
parties arising from or relating to this Agreement (including, but not limited to, the enforcement
of any indemnity provisions), the prevailing party shall be entitled to recover reasonable costs,
expenses and attorneys' fees including, but not limited to, court costs and other expenses through
all appellate levels.
20.10 Business Days. If any date provided for in this Agreement shall fall on a day
which is not a Business Day, the date provided for shall be deemed to refer to the next Business
Day.
{M2363702,12) 22
20.11 Time is of the Essence. Time is of the essence in this Agreement.
20.12 No Personal Liability of Commission Members, Administrative Officials or
Representatives of Purchaser and Seller. Seller acknowledges that this Agreement is entered into
by a municipal corporation as Purchaser and Seller agrees no individual commission member,
administrative official or representative of City shall have any personal liability under this
Agreement or any document executed in connection with the transactions contemplated by this
Agreement. Purchaser hereby agrees that no shareholder, member, director, officer, employee or
agent of Seller shall have any personal liability under this Agreement or any document executed
in connection with the transactions contemplated by this Agreement.
20.13 Effective Date. For purposes of calculation of all time periods within which
Seller or Purchaser must act or respond as herein described, all phrases such as "the date of this
Agreement", "the date of execution of this Agreement" or any other like phrase referring to the
date of the Agreement, shall mean and refer to the "Effective Date" of this Agreement.
20.14 Radon Disclosure. Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Pursuant to §404.056(5), Florida Statutes.
20.15 Waiver of Trial by Jury. SELLER AND PURCHASER HEREBY
IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL
BY JURY IN ANY ACTION, SUIT OR COUNTERCLAIM ARISING IN CONNECTION
WITH, OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT AND ANY OTHER
DOCUMENT OR INSTRUMENT NOW OR HEREAFTER EXECUTED AND DELIVERED
IN CONNECTION THEREWITH.
20.16 No Negotiation With Other Persons. Seller agrees not to contract to sell or enter
into negotiations for the sale of the Purchase Parcel to any person or entity other than Purchaser
for so long as this Agreement is in effect.
20.17 Police/Regulatory Powers. City cannot, and hereby specifically does not, waive
or relinquish any of its regulatory approval or enforcement rights and obligations as it may relate
to regulations of general applicability which may govern the B2 Property, the MO Property, the
Purchase Parcel, and/or the Gulfstream Parcel, any improvements thereon, or any operations at
the B2 Property, the MO Property and/or the Gulfstream Parcel. Nothing in this Agreement shall
be deemed to create an affirmative duty of City to approve the Development Approvals or
abrogate its sovereign right to exercise its police powers and governmental powers by approving
or disapproving or taking any other action in accordance with its zoning and land use codes,
administrative codes, ordinances, rules and regulations, federal laws and regulations, state laws
and regulations, and grant agreements. In addition, nothing herein shall be considered zoning by
contract.
20.18 Negotiated Agreement. The parties have substantially contributed to the drafting
and negotiation of this Agreement and this Agreement shall not, solely as a matter of judicial
{M2363702;12} 23
construction, be construed more severely against one of the parties than any other. The parties
hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and
attachments hereto, and have sought and received whatever competent advice and counsel was
necessary for them to form a full and complete understanding of all rights and obligations herein.
20.19 No Recordation. Except as expressly provided herein, neither this Agreement nor
any notice or memorandum of this Agreement shall be recorded in any public records.
[THE REST OF THIS PAGE WAS INTENTIONALLY LEFT BLANK]
(M2363702;12} 24
IN WITNESS WHEREOF, Seller and Purchaser have caused this Agreement to be
executed, as of the day and year first above written.
Witnesses: SELLER:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida
corporation
By:
Name:
Title:
Date:
Attest: PURCHASER:
CITY OF AVENTURA, a Florida municipal
corporation
By:
City Clerk Eric M. Soroka, City Manager
Date:
Approved as to legal form and sufficiency: ESCROW AGENT:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney By:
Name:
Title:
Date:
{M2363702;12} 25
EXHIBIT "A"
LEGAL DESCRIPTION OF BO PROPERTY
[Final Legal Description of BO Property to be approved by City Manager]
{M2363702;12} 26
EXHIBIT "B"
LEGAL DESCRIPTION OF MO PROPERTY
[Final Legal Description of MO Property to be approved by City Manager]
{M2363702;12} 27
EXHIBIT "C"
LEGAL DESCRIPTION OF PURCHASE PARCEL
{M2363702;I2) 28
tSrONeR a AssOSMTes, INC.
4.341 S.W. 62nd Avenue
SURVEYORS-MAPPERS Tal. (954) 888-0997
NAL Florida 33314 andM p�No."6893
Fax (964) 068-3927
LEGAL DESCRIPTION OF
TWO ACRE AVENTURA PARCEL
A PORTION OF TRACT A OF DONN ACRES
SECTION 34-51-42
(P.B. 76,PG.90,M.D.C.R.)
CITY OF AVENTURA,MIAMI DADECOUNTY,FLORIDA
LEGAL DESCRIPTION: NOTES:
A PARCEL OF LAND BEING A PORTION OF TRACT A,DONN �IRrRT1'SHOWN HE NR .7 T ABSTRACTED FOR
ACRES ALSO BEING A PORTION OF THE NORTH ONE-HALF 04, RECORD IP.RIGHTBCF-WAY, OR OTHER MATTERS OP
112)OF SECTION 34,TOWNSHIP St SOUTH.RANGE 42 EAST.ACCORDING TO THE 7{��ANSORIGINAL
75,PAGE 30,OF THE PPUUBBLIC RECORDS OF T THEREOF MIMIICADE COUNTY, 68llRVEYOR AND THE RI RAISED DED IN PLAT 8001( 2.THIs SKETCH AND DEfficRIPTION IS DSEN.OF A FLORIDA LICENSED
FLORIDA,SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: 3.ER OF THE NORTH 3.THE BTPEAAARINpOGSSNS♦ HEREON ARE .0 V'W.
COPSIDNCONE-HALF(ENA.1I2HOF Sp SAID SECTIONTHEAST SAD POINT ALSO BEING I FAGE T�y6 20S OF THE F RE OF MWN-RADE
THE NORTHEAST CORNER OF TRACT B OF SAID DONN ACRES: C T.PLORDAL
THENCE 8.88'01'22"W.,ALONG TIE NORTH LINE OF SAID NORTH 4 THIS SKETCH DOES NOT REPRESENT A FIELD SURVEY
ONE-HALF(N 112),THE NORTH LINE OF SAD TRACTS A AND B, A (THIS IS NOT A SURVEY).
DISTANCE OF 911.50 FEET: 6.THIS SKETCH OF DESCRIPTION EW TSEARCH.THE HIS EFIRM
wrOWNHERENWASrOOFFOTHo BY STONER ABBoa�TEBS ,sc.°N
THENCE SAt'62106"E.A DISTANCE OF 188A3 FEET TO A POINT E 9WTIHO T THE BENE B A
SAID4698 OF PUBLIC RECORDS 'T PARK),DESCRIBED IN OFFICIAL RECORDS EPPOINTOF (CITYON THE WEST LINE OF THAT CERTAIN PARCEL OF LAICK 26122. � PR'OOPPERTY DIHEETESCRIoF BHEREON.
GRAPHIC DEPICTION(SKETCH)OF THE
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND:
THENCE CONTINUE S.D11520W E,ALONG SAID WEST UNE,A
DISTANCE OF 442.98 FEET TO A POINT ON THE NORTH
RIGHT.OF-WAY UNE OF N.E.213th STREET,AS DESCRIBED IN
OFFICIAL RECORDS BOOK 17973,PAGE 3069.OF SAD PUBLIC
RECORDS;
THENCE 8.88'01'2219.ALONG THE SAID NORTH RIGHT•OF-WAV
LINE,A DISTANCE OF 198.87 FEET:
THENCE N.01.82'03"W.,A DISTANCE OF 442.90 FEET;
THENCE N,88101'22"E.,A DISTANCE OF 19087 FEET TO THE
POINT OF BEGINNING.
SAID LANDS TE WITHIN THE CITY OF AVDRURA,
MVAB•DADE COUNTY,FLORIDA,CONTAINING 20 ACRES,(87,120
SQUARE FEET)MORE OR LESS,
CERTIFICATE: W
nu is TDDaRTIA'MAT INC SKIM NO INK DGSCRPtOl MOWN NERWNIYAGOJMTIANDE1RIIBCTTOTR NIT OF MYIa1O1EaaalnND
I FUR111M DM11ER TMT TNN SKETCH AND la oncespnor.MEiU THE STANDARDS OF PRACTIG cc'T FORM aY TINPLDRCWWOAq OF 71WFB4owt
MmemwANOMvwRs1NQWTIRSI•Tr,FwaIAAD1tSTRATACDooF.PURMENTto1wmmw�m.FlawnenauTu � $ L
DATE: Dac 27, 2016 j NOT YAW UIl1.ESS c
•, . -.- ,n r,. ., ,. . SEAADb.dHROSE4E.111
IRsRICHARD G. CRAW' Jr.
PROFESSIONAL SURVEYOR PPER 6371 • wRVLroNs-sEAL
NI
11111110CIATERwCPAOUWLLNorBRRUROOUOROMTwualm �•' r,•:-' �arr� 1.
MMNIR®)TIIMMYBIaMF momoma A"IDMRTIB.RIC 12/22/16 Ns NBC N/A SHEET 1 OF 2
CsTONER a ASSOCIATES, INC.
SURVEYORS-MAPPERS
4341 S.W. 82nd AVE. yAygl, TN. (954) 585-0997
Owls, Florida 33314 • andM IpL�t&6598 Fax (954) 585-3927
SKETCH OF DESCRIPTION
TWO ACRE AVENTURA PARCEL
BEING A PORTION OF TRACT AOF DONN ACRES
SECTION 34-51-42
9'S. 74 PO.34 M.D.C.RJ
CITY OFAVENfURA,MAW-DADE cousin;FLORIDA
BLOCK II AN PLAT
OP HALLANDALENttiPARKONO. 12
PARCEL a NORiNLS! RIVIERA SECTION NORfHLSMi
.. .. DULPSTREAM PARK _..N @RfC110N M'"� PA. n.Pe.7A,HAA.R.1 TRACT.
PA.Y2,PP. N2.2R2,S 011.1 / ,N.,I.�yA,Et q
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,,, LEGEND:
n OCPI -- O.R.S. OFFICIAL RECORDS BOOK
P.B. PLAT BOOK
PG. PAGE
M.D.C.R. MIAMI-DADE COUNTY RECORDS
B.C.R. BROWARD COUNTY RECORDS
P.O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF BEGINNING
U PYrt WOW CENTERLINE
tea,nppwx7urc
PA YNnAruan'ii SQ.FT. SQUARE FEET
AY OAA .—
—"—8.8Bro112YW. 198.87'— '_AA-- BREAK SCALE
N.E.213th STREET Ln.IWIL11E SCALE T-loo'
RIONTOMPAYDRIDIDNINNMAPER a�
BY FIKIHROILWAY PER
LAKESPHNIELI7URA
P.S.ISA.PD&MDCR
NOTE: . . 1. R7'
SEE SHEET 1 OF 2 FOR THE LEON. GRAPHIC SCALE
DESCRIPTION OF THE PROPERTY
SHOWN GRAPHICALLY HEREON. SKETCH NO
no rtp eNCV2-7161aaIWun NOVI.Ir.BN.VDInI WSW ACK PARSE-dq SHEET 2 OF 2 12-7854 2.0 ACRE
EXHIBIT "D"
LEGAL DESCRIPTION OF GULFSTREAM PARCEL
[Final Legal Description of Gulfstream Parcel to be approved by City Manager]
{M2363702;12} 29
EXHIBIT "E"
FORM OF SPECIAL WARRANTY DEED
THIS INSTRUMENT PREPARED BY:
RECORD AND RETURN TO:
Lillian M.Arango,Esq.
Weiss Serota Hellman Cole&Bierman,P.L.
2525 Ponce de Leon Blvd.,Suite 700
Coral Gables,Florida 33134
Tax Folio Number:
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made and executed this day of
, 2017, by GULFSTREAM PARK RACING ASSOCIATION, INC. a
Florida corporation (the "Grantor"), whose mailing address is 901 South Federal Highway,
Hallandale, Florida 33009, to CITY OF AVENTURA, a Florida municipal corporation (the
"Grantee"), whose mailing address is 19200 West Country Club Drive, Aventura, Florida 33180.
WITNESSETH:
That Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee the real
property (the "Property") located in Miami-Dade County, Florida, and more particularly
described as:
SEE EXHIBIT"A"ATTACHED HERETO.
SUBJECT TO:
1. All restrictions, reservations, easements, covenants, agreements, limitations and
other matters appearing of record, provided the foregoing shall not act to
reimpose same;
2. The lien of all ad valorem real estate taxes and assessments subsequent to the date
hereof and subsequent years;
3. All laws, ordinances, and governmental regulations, including, but not limited to,
all applicable building, zoning, land use and environmental ordinances and
regulations; and
TOGETHER with all the tenements, hereditaments and appurtenances belonging or in
any way appertaining to the Property.
(M2363702;12} 30
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully seized of the
Property in fee simple; that Grantor has good right and lawful authority to sell and convey the
Property; and that Grantor does hereby specially warrant the title to the Property and will defend
the same against the lawful claims of all persons claiming by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be
executed as of the day and year first written above.
WITNESSES: GRANTOR:
GULFSTREAM PARK RACING
ASSOCIATION, INC., a Florida corporation
Print Name:
By:
Name:
Print Name: Title:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2017, by , as (title), of
GULFSTREAM PARK RACING ASSOCIATION, INC., a Florida corporation, on behalf of
the corporation, who (check one) [ ] is personally known to me or [ ] has produced a
driver's license as identification.
[SEAL]
Notary Public
Print Name:
Commission Expires:
Commission No.:
{M2363702;12) 31
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
{M2363702;12} 32
EXHIBIT "F"
FORM OF NO LIEN, GAP AND FIRPTA AFFIDAVIT
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, personally appeared (the
"Affiant"), who being first duly sworn upon oath, deposes and says:
1. That Affiant is the of GULFSTREAM PARK RACING
ASSOCIATION, INC. a Florida corporation (the "Owner") and is authorized to execute this
Affidavit on behalf of the Owner.
2. That the Owner is the owner of fee simple title to the real property located in
Miami-Dade County, Florida, more particularly described on Exhibit "A" attached hereto and by
this reference made a part hereof(the"Property").
3. That there are no mechanic's liens under Chapter 713 of the Florida Statutes filed
against the Property or any portion thereof; that there have been no repairs, improvements or other
work done to or labor, materials or services bestowed upon the Property or any portion thereof for
which any or all of the cost of the same remains unpaid; and that no person, firm or corporation is
entitled to a mechanic's lien against the Property or any portion thereof under Chapter 713 of the
Florida Statutes.
4. That the Owner is in exclusive possession of the Property, and there are no tenancies
or leases that affect the Property.
5. That there are no unsatisfied judgments or any federal, state or county tax
deficiencies, which are a lien against the Property or any portion thereof.
6. That the Property is free and clear of all mortgages, liens, taxes and assessments,
except for: (a) real estate taxes and assessments subsequent to the date hereof and subsequent years;
and (b) those matters appearing as exceptions to title in the title commitment issued on
through by Weiss Serota Helfman Cole &
Bierman, P.L., as title agent ("Title Agent") with an effective date of , 2017 (collectively,
the"Title Company").
7. That there are no actions or proceedings now pending in any state or federal court to
which the Owner is a party which would affect the title to the Property or any portion thereof.
8. That to best of Affiant's knowledge, there are no unrecorded easements or claims of
easements affecting the Property or any portion thereof.
{M2363702;12} 33
9. That the Owner has never been adjudicated bankrupt or incompetent, nor does the
Seller have any judgments, tax liens or liens of any nature whatsoever filed against it affecting the
Property.
10. Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a
U.S. real property interest must withhold tax if the transferor(seller) is a foreign person. To inform
the Buyer that withholding of tax is not required upon the disposition of a U.S. real property interest
by Affiant, Affiant hereby certifies the following:
10.1 Owner is not a foreign person, foreign corporation, foreign partnership,
foreign trust, or foreign estate for the purposes of U.S. income taxation (as those terms are defined
in the Internal Revenue Code and Income Tax Regulations).
10.2 Affiant understands that this certification may be disclosed to the Internal
Revenue Service by the transferee and that any false statement contained herein could be punished
by fine, imprisonment, or both.
11. That there are no matters pending against the Owner that could give rise to a lien
that would attach to the Property or any portion thereof between effective date of , 2017,
and the recording of the Special Warranty Deed from the Owner to CITY OF AVENTURA, a
Florida municipal corporation ("Grantee"), and that the Owner has not and will not execute any
instrument that would adversely affect the title to or transfer of the Property or any portion thereof
from the Owner to the Grantee.
FURTHER AFFIANT SAYETH NAUGHT.
WITNESSES: OWNER:
GULFSTREAM PARK RACING
ASSOCIATION, INC. a Florida corporation
Print Name:
By:
Name:
Title:
Print Name:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2017, by , as , of GULFSTREAM PARK
RACING ASSOCIATION, INC. a Florida corporation, on behalf of the corporation, who
{M2363702;12} 34
(check one) [ ] is personally known to me or [ ] has produced a driver's
license as identification.
[SEAL]
Notary Public
Print Name:
Commission Expires:
Commission No.:
{M2363702;12) 35
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
{M2363702;12) 36
EXHIBIT "G"
FORM OF GENERAL ASSIGNMENT
THIS GENERAL ASSIGNMENT (the "Assignment") is made and entered into this
day of , 2017, by and between GULFSTREAM PARK RACING
ASSOCIATION, INC. a Florida corporation (the "Assignor"), and CITY OF AVENTURA, a
Florida municipal corporation (the "Assignee").
RECITALS
1. On the date hereof, Assignor has sold and conveyed to Assignee that certain real
property located in Miami-Dade County, Florida, and more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof, pursuant to that certain Purchase and
Sale Agreement with an effective date of , 2017, between Assignor and Assignee (the
"Agreement").
2. The Property is subject to the Intangible Property (as defined below).
3. The Agreement provides that Assignor shall transfer to Assignee all of Assignor's
right, title and interest in and to the Intangible Property.
4. Assignor desires to assign and convey to Assignee, and Assignee desires to
accept, all of Assignor's right, title and interest in and to the Intangible Property pertaining to the
Property pursuant to the terms and conditions of the Agreement
NOW, THEREFORE, for Ten Dollars ($10.00) and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
hereby agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated herein
by this reference.
2. Assignment and Acceptance. Assignor hereby sells, assigns, conveys, grants and
sets over unto Assignee all of Assignor's right, title and interest, if any, in and to any and all
intangible property owned by Assignor and used solely in connection with and relating solely to
the ownership, use, development, operation, management, occupancy or maintenance of the
Property including, but not limited to, all consents, notices of completion, environmental and
utility permits and approvals authorizations, variances, waivers, licenses, permits, certificates
and approvals from any governmental authority or quasi-governmental authority issued or
granted with respect to the Property as well as all public and private agreement rights and
development or usage rights of Assignor relating directly and solely to the Property (collectively,
the "Intangible Property"), if any. Assignor hereby warrants and represents to Assignee that the
Intangible Property is conveyed by Assignor to Assignee free and clear of all liens,
encumbrances, and security interests whatsoever.
{M2363702;12) 37
3. Successors and Assigns. This Assignment shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
4. Applicable Law. This Assignment shall be governed by and construed under the
laws of the State of Florida.
IN WITNESS WHEREOF, Assignor and Assignee have caused this instrument to be
executed as of the day and year first above written.
WITNESSES: ASSIGNOR:
GULFSTREAM PARK RACING
ASSOCIATION, INC. a Florida corporation
Print Name:
By:
Name:
Print Name: Title:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2017, by , as of GULFSTREAM PARK
RACING ASSOCIATION, INC., a Florida corporation, on behalf of the corporation, who
(check one) [ ] is personally known to me or [ ] has produced a driver's
license as identification.
[SEAL]
Notary Public
Print Name:
Commission Expires:
Commission No.:
{M2363702;12} 38
ASSIGNEE:
Attest: CITY OF AVENTURA, a Florida municipal
corporation
City Clerk By:
Eric M. Soroka, City Manager
Approved as to Form and Legal
Sufficiency:
City Attorney
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
2017, by Eric M. Soroka, as City Manager, of CITY OF AVENTURA, a Florida corporation, on
behalf of the City, who (check one) [ ] is personally known to me or [ ] has produced a
driver's license as identification.
[SEAL]
Notary Public
Print Name:
Commission Expires:
Commission No.:
{M2363702;12) 39
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
{M2363702;12) 40
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, A-CM, City Ma
•
DATE: February 3, 2017
SUBJECT: Collective Bargaining Agreement Between the City and the Police
Benevolent Association
February 9, 2017 City Commission Meeting Agenda Item SF
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the subject document.
BACKGROUND
The City Administration and PBA finalized a Collective Bargaining Agreement. The
Agreement is for the period of October 1, 2016 to September 30, 2019. The
Agreement conforms to the parameters established by the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01962-17
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
COLLECTIVELY BARGAINED CONTRACT ATTACHED HERETO BY
AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Collectively Bargained Contract, attached hereto and
incorporated herein, is hereby accepted by the City Commission, and the City Manager
is hereby authorized on behalf of the City to execute and otherwise enter into said
Collective Bargaining Agreement by and between the City of Aventura and the Dade
County Police Benevolent Association.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the Agreement described in
Section 1 above and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption with certain sections retroactive to October 1, 2016 and upon the execution of
the Agreement by the City Manager and the Dade County Police Benevolent
Association representatives.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2017-
PASSED AND ADOPTED this 9th day of February, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 2016 to September 30, 2019
Table of Contents
Page Number
ARTICLE 1 Preamble 1
ARTICLE 2 Recognition 2
ARTICLE 3 Non-Discrimination 3
ARTICLE 4 Dues Deductions 4
ARTICLE 5 Management Rights 6
ARTICLE 6 PBA Business 8
ARTICLE 7 PBA Representation 9
ARTICLE 8 No Strike 11
ARTICLE 9 Legal Representation 13
ARTICLE 10 Salaries 14
ARTICLE 11 Severability Clause and Zipper Clause 17
ARTICLE 12 Rules, Directives and Personnel Policies 18
ARTICLE 13 Grievance Procedure 19
ARTICLE 14 Seniority 24
ARTICLE 15 Labor— Management Committee 26
ARTICLE 16 Workweek and Overtime 27
ARTICLE 17 Off-Duty Police Work 29
ARTICLE 18 Equipment and Maintenance 30
ARTICLE 19 Personnel Records 32
ARTICLE 20 Bereavement Leave 33
ARTICLE 21 Holiday Leave 34
ARTICLE 22 Personal Leave 35
ARTICLE 23 Training 36
ARTICLE 24 Transfers, Shift Change and Substitutions 37
ARTICLE 25 Group Insurance 38
ARTICLE 26 Promotion Procedures 39
ARTICLE 27 Probationary Employees 40
ARTICLE 28 Sick Leave 41
ARTICLE 29 Pension Plan 43
ARTICLE 30 Take Home Police Vehicle Policy 46
ARTICLE 31 Workers' Compensation Fraud 47
ARTICLE 32 Drug and Alcohol Testing 48
ARTICLE 33 Reopening of Negotiations 58
ARTICLE 34 Court Time 59
ARTICLE 35 Term of Agreement 60
EXHIBIT A Salary Plan 61
ARTICLE 1
Preamble
This Agreement is entered into this day of , 2017 by and
between the City of Aventura, a Florida Municipal Corporation, hereinafter
referred to as "THE CITY" or "CITY" or "EMPLOYER" and the Dade County
Police Benevolent Association hereinafter referred to as "PBA" or "Association".
WHEREAS, this Agreement reduces to writing the understandings of the
City and the PBA to comply with the requirements contained in Chapter 447,
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmonious
relationship between the City and the PBA and to encourage more effective
employee service in the public interest; and
WHEREAS, it is understood that the City is engaged in furnishing essential
public services which vitally affect the health, safety, comfort and general well being
of the public and the PBA recognizes the need to provide continuous and reliable
service to the public;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
1
ARTICLE 2
Recognition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
collective bargaining with respect to wages, hours and other conditions of
employment for those employees included within the certified bargaining unit
described in PERC Certification No. 1237 (January 15, 1999).
Included: Sworn police personnel of the ranks of Police Officer and
Police Sergeant.
Excluded: All other Department employees.
2
ARTICLE 3
Non-Discrimination
Section 1. The City and PBA agree not to discriminate against any
employee covered by this Agreement because of age, sex, marital status, race,
color, creed, national origin, religious affiliation, physical handicap or disability or
sexual orientation.
Section 2. The parties agree not to interfere with the rights of
employees to become members of PBA, or to refrain from such activities and that
there shall be no discrimination, interference, restraint or coercion by the parties
against any employee because of membership or non - membership.
3
ARTICLE 4
Dues Deductions
Section 1. PBA members may authorize payroll deductions for the
purpose of paying PBA dues. Any member of the PBA who has submitted a
properly executed dues deduction form to the City Manager or his or her designee
may have his or her membership dues in the PBA deducted from his or her wages.
No authorization shall be allowed for payment of initiation fees, assessments, or
fines. Payroll deductions shall be revocable at any time upon request by the
employee to the CITY and PBA in writing. The payroll deduction cancellation
shall be effective thirty (30) days after receipt of notice revocation.
Section 2. Dues deducted shall be transmitted to the PBA on a monthly
basis, accompanied by a list of those employee's names whose dues are
included.
Section 3. It shall be the responsibility of the PBA to notify the City
Manager or his designee, in writing of any change in the amount of dues to be
deducted at least thirty (30) days in advance of said change.
Section 4. The PBA shall indemnify, defend and hold the City harmless
against any and all claims, suits, orders, and judgments brought and issued against
the City as a result of any action taken or not taken by the City under the provisions
of this Article.
Section 5. The employee's earnings must be regularly sufficient, after
other legal and required deductions are made, to cover the amount of
appropriate PBA dues. When a member is in a non-pay status for an entire pay
period, dues deduction from future earnings may not be made to cover that pay
period. In the case of an employee who in non-pay status during only part of the
4
pay period, if available wages are not sufficient to cover the full dues deduction,
no deduction shall be made. In this connection all legally required deductions
have priority over dues.
5
ARTICLE 5
Management Rights
Section 1. The PBA recognizes the right of the City to operate, manage
and direct all affairs of all departments within the City, except as otherwise
expressly provided elsewhere in this Agreement, including the right:
(a) To exercise complete and unhampered control to manage, direct,
and totally supervise all employees of the City.
(b) To hire, promote, transfer, schedule, train, assign and retain
employees in positions with the City and to establish procedures therefor.
(c) To suspend, demote, discharge, lay off, or take other disciplinary
action for just cause against employees in accordance with this collective
bargaining Agreement, the City's Personnel Policies and Regulations,
procedures and departmental policies.
(d) To maintain the efficiency of the operations of the Police
Department.
(e) To determine the structure and organization of City government,
including the right to supervise, subcontract, expand, consolidate or merge any
department, and to alter, combine, eliminate, or reduce any division thereof.
(f) To determine the number of all employees who shall be employed
by the City, the job description, activities, assignments, and the number of hours
and shifts to be worked per week, including starting and quitting time of all
employees.
(g) To determine the number, types, and grades and salary structures
of positions or employees assigned to an organizational unit, department or
project, and the right to alter, combine, reduce, expand or cease any position.
(h) To set its own standards for services to be offered to the public.
6
(i) To determine the location, methods, means and personnel by
which operations are to be conducted.
(j) To determine what uniforms the employees are required to wear
while on duty.
(k) To set procedures and standards to evaluate City employees job
performance.
(I) To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions.
(m) To determine internal security practices.
(n) Introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to exercise
those rights and powers incidental thereto, including the right to make unilateral
changes when necessary.
(o) Control the use of equipment and property of the City.
(p) To formulate and implement department policy, procedures rules and
regulations.
Section 2. It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the realm of
related duties.
Section 3. Any right, privilege, or function of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City.
7
ARTICLE 6
PBA Business
Section 1. The City shall provide PBA with a bulletin board. A copy of
all notices or bulletins of the PBA that are to be posted shall be submitted to the
City Manager, or designee. There shall be no other general distribution or posting
by employees of pamphlets, advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided. The bulletin boards
authorized by the City for use by PBA may be used by the PBA under the terms
of this Article, only for the purpose of posting the following notices and
announcements:
(a) Notices of PBA meetings;
(b) Notices of PBA elections;
(c) Notices of PBA appointment to office;
(d) Notices of PBA recreational and social affairs;
(e) Notices of Collective Bargaining Agreement ratification meetings; and
(f) Minutes of Association Meetings.
Official PBA representatives shall post all notices. Any intentional violation
of this provision by the PBA shall result in the privilege of such use of the bulletin
boards being withdrawn.
8
ARTICLE 7
PBA Representation
Section 1. Neither party in negotiations shall have any control over the
selections of the negotiating or bargaining representative of the other party. The
bargaining committee of the PBA shall not consist of more than four individuals,
at least one of whom must be a member of the Aventura bargaining Unit. No
more than two PBA bargaining unit representatives shall be released from duty
with pay for purposes of collective bargaining. The PBA will furnish the City with
a written list of the PBA bargaining committee, prior to the first bargaining
session, and will substitute changes thereto in writing to the City. The City agrees
to alter or flex the schedule of any PBA representative to allow the
representatives to attend bargaining sessions on duty regardless of shift, so long
as it does not create an overtime situation or cost to the City.
Section 2. PBA representatives shall be allowed to communicate official
PBA business to members prior to on-duty roll call.
Section 3. After securing permission from the Police Chief or his
designee, PBA representatives and agents may be permitted to discuss PBA
grievances with members during their duty hours provided such discussions shall
not interfere with the performance of the member's duties and service to the
community, as determined by the Police Chief.
Section 4. Special conferences on important matters will be arranged
as necessary between the officers of the PBA and the City Manager or Police
Chief upon the request of either party. PBA representatives shall be limited to not
more than two on-duty persons.
Section 5. The PBA agrees that there shall be no solicitation of City
employees for membership in the PBA, signing up of members, collection of
9
initiation fees, dues or assessments, meetings, distribution of PBA or affiliated
PBA literature or any other business activity of the PBA on City time and during
the working hours of City employees.
Section 6. Off-duty time spent on negotiations or grievances shall not
be deemed "hours worked" as defined by FLSA, nor shall such time be accrued
toward overtime in any employees work day or workweek.
Section 7. The City and the PBA agree that there will be no collective
bargaining negotiations attempted or entered into between any persons other
than the City Manager and/or his designee and designated representatives of the
Association. Any attempt to circumvent the proper bargaining process shall be
deemed grounds for either party to file an unfair labor practice and shall result in
appropriate charges being filed against the offending party.
10
ARTICLE 8
No Strike
Section 1. "Strike" means the concerted failure to report for duty, the
concerted absence of employees from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstinence in whole
or in part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
Section 2. Neither the PBA, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will instigate,
promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown,
sick-out, concerted stoppage or work, illegal picketing, or any other interruption of
the operations of the City.
Section 3. Each employee who holds a position with the PBA occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the strike prohibition in Section 447.505, Florida
Statutes and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the PBA, its officers, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
11
Article and the law by remaining at work during any interruption which may be
initiated by others; and their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Section 4. Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the
City.
Section 5. The City agrees to adhere to the provisions of Chapter 447,
Florida Statutes, regarding the prohibition on lockouts.
12
ARTICLE 9
Legal Representation
Section 1. Whenever a civil suit in tort is brought against an employee
for injuries or damages suffered as a result of any act, event, or omission of
action which is alleged to have occurred while the employee was on duty or
acting within the scope of his/her employment, the City will investigate the
circumstances to determine whether the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
Section 2. If the City determines that the employee did not act in bad
faith or with malicious purpose or in a manner exhibiting wanton and willful
disregard of human rights, safety or property, the City shall undertake the
defense of the employee as required by law. Said defense shall cease upon
judicial finding, or finding by the City, that the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
13
ARTICLE 10
Salaries
Section 1. All police officers and sergeants employed by the City as of
the date of ratification of this Agreement shall receive a three percent (3.0%) cost
of living increase retroactive to the first full pay period starting in October 2016.
Section 2. All police officers and sergeants employed by the City on
October 1, 2017 shall receive a three percent (3.0%) cost of living increase
beginning the first full pay period starting in October 2017.
Section 3. All police officers and sergeants employed by the City on
October 1, 2018 shall receive a three percent (3.0%) cost of living increase
beginning the first full pay period starting in October 2018. Exhibit A to this
Agreement sets forth the salary plan for officers and sergeants resulting from the
foregoing cost of living increases.
Section 4.
(a) All employees covered by this Agreement, provided that they have
earned a quality point average on their evaluation of 3.5 or more shall be eligible
for a merit salary increase, (move to the next step in the pay plan) except as
provided in Section (b) herein, on the employee's anniversary date. The
anniversary date shall be defined as the employee's entrance date into his/her
present position. Any employee who fails to receive a quality point average of
3.5 or more shall be reevaluated in sixty days. If the employee then receives a
rating of 3.5 or more the employee shall receive his/her merit increases.
(b) Employees covered by this Agreement, who reach the maximum
step of their respective salary plans shall not be eligible for merit/step increases.
Section 5. Promotions. In the event of a promotion, an employee will
be placed in the minimum pay step of his/her promoted position or the next
14
highest step which will be no less than a 5.0% increase, in his/her present salary
whichever affords the employee a higher increase.
Section 6. Salary Ranges. All employees covered by this Agreement,
hired after October 1, 2013, shall receive the minimum salary step, as outlined in
the Salary Schedule outlined herein for their appropriate position classification
upon his/her original appointment or based on their previous experience as a
police officer may be slotted in the pay plan as approved by the City Manager.
Section 7. Detectives. An employee assigned as a Detective by the
Police chief shall receive a pay incentive of $50.00 per week. Employees serving
in a Detective capacity serve in said capacity at the pleasure of the Police Chief.
No grievance proceeding may be filed by an affected employee when said
employee's Detective capacity is terminated.
Section 8. Field Training Officer. An employee assigned as a Field
Training Officer by the Police Chief shall receive a pay incentive of $40.00 per
week. Employees serving in a Field Training Officer capacity serve in said
capacity at the pleasure of the Police Chief. No employee grievance may be filed
by an affected employee when said employee's Field Training Officer capacity is
terminated.
Section 9. K-9 Officer and Swat Team. An employee assigned as a K-
9 Officer by the Police Chief shall receive a pay incentive of $40.00 per week. An
employee assigned as a member of the SWAT team by the Police Chief shall
receive a pay incentive of $20.00 per week. Employees serving in said capacity
serve at the pleasure of the Police Chief. No employee grievance may be filed by
an affected employee when said employee's capacity is terminated.
Section 10. Traffic Unit, SRO and Marine Patrol. An employee assigned
to the traffic unit, SRO or Marine Patrol by the Police Chief shall receive a pay
15
incentive of $25.00 per week. Employees serving in said capacities shall service
at the pleasure of the Police Chief. No employee grievance may be filed by an
affected employee when said employee's capacity is terminated.
16
ARTICLE 11
Severability Clause And Zipper Clause
Section 1. Should any provision of this collective bargaining agreement,
or any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted state or federal law, or by any decree of a court of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
Section 2. The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by law
from the area of collective bargaining and that the understanding and agreement
arrived at by the parties after the exercise of that right and opportunity are set forth
in this Agreement. Therefore, the City and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge and-contemplation of either or
both of the parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as all other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement.
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ARTICLE 12
Rules, Directives And Personnel Policies
Section 1. The parties agree that the City may promulgate Personnel
Policies, Administrative Policy Directives and Procedures (APDP) issued by the
City Manager and the General Orders issued by the Chief of Police and they
shall apply to all bargaining unit members. Any changes to the Personnel
Policies, Administrative Policy Directives and Procedures Manual and General
Orders shall be copied to the PBA.
Section 2. In the event of any conflict between the terms of this
Agreement, the APDP, Police Procedures, or the Personnel Policies, this collective
bargaining agreement shall supercede to the effect that the inconsistent terms and
conditions of this negotiated Agreement, if any, shall control.
Section 3. Existing employee benefits, attendance and leave and hiring
and employment practices contained in the Personnel Policies, the APDP and
Police Procedures and/or the General Orders are hereby incorporated herein and
shall apply to all bargaining unit members.
Section 4. The City shall provide a copy of Personnel Policies,
Administrative Policy Directives and Procedures (APDP) issued by the City
Manager, Procedural Directives issued by the Chief of Police and a Code of
Ordinances to the Association at no cost.
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ARTICLE 13
Grievance Procedure
Section 1. In a mutual effort to provide harmonious working relations
between the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure for the resolution of grievances between the
parties arising from any alleged violation of the specific terms of this Agreement.
An aggrieved employee may elect to resolve his/her grievance through the
grievance procedure provided in this Agreement or through the City's Employee
Concern Procedure as set forth in Chapter 4 of the City's Personnel Policies.
However, only one of the above procedures may be used. Once a grievance is
filed under one of these procedures, all other appeal procedures are forfeited.
Grievances relating to alleged violations of the specific terms of this
Agreement filed in accordance with this Article shall be processed in the following
manner.
Section 2. Verbal Grievance
Step 1
Whenever an employee has a grievance, he should first present it verbally
to his immediate supervisor within ten (10) days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within seven (7) calender days
of the time when it was first presented to him, or failing in that, must within that
time advise the employee of his inability to do so. Such contact between the
employee and supervisor shall be on an informal basis.
Section 3. Formal Grievance Procedure
Step 2
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If the aggrieved employee is not satisfied with Step 1 answer, he/she may,
within ten (10) calendar days following the day on which he/she received the
Step 1 answer, reduce the grievance to writing and submit it to the Shift Sergeant.
The grievance shall be signed by the employee and shall specify: (a) the date of the
alleged grievance; (b) the specific article or articles and section or sections of this
Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged
grievance; and (d) the relief requested. The Shift Sergeant may informally meet
with the grievant to address the grievance. A PBA representative may be present
at the meeting upon the grievant's request. The Shift Sergeant shall reach a
decision and communicate in writing to the aggrieved employee and PBA within ten
(10) calendar days of receipt of the grievance.
Step 3
If the grievance is not resolved at Step 2, or if no written disposition is made
within the Step 2 time limits, he/she shall have the right to appeal the Step 2
decision to the Chief of Police or his/or her designee within seven (7) calendar days
of the due date of the Step 2 response. Such appeal must be accompanied by a
copy of the original written grievance, together with a signed request from the
employee requesting that the Step 2 decision be reversed or modified. The Chief
of Police or his/her designee may conduct a meeting with the grievant and his/her
PBA representative, if needed. The Chief of Police or his/or her designee shall,
within ten (10) calendar days after the presentation of the grievance (or such longer
period of time as is mutually agreed upon in writing), render his/her decision on the
grievance in writing to the aggrieved employee and PBA.
Step 4
If the grievance is not resolved at Step 3, or if no written disposition is made
within the Step 3 time limits, he/she shall have the right to appeal the Step 3
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decision to the City Manager or his or her designee within seven (7) calendar days
of the date of the issuance of the Step 3 decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance, together with a
request form signed by the employee requesting that the Step 3 decision be
reversed or modified. The City Manager or his/her designee shall conduct a
meeting with the grievant and his/her PBA representative, if needed. The City
Manager or his/her designee shall, within ten (10) calendar days (or such longer
period of time as is mutually agreed upon in writing), render his/her decision in
writing to the aggrieved employee and PBA.
Section 4. A grievance not advanced to the higher step within the time
limits provided shall be deemed permanently withdrawn as having been settled on
the basis of the decision most recently given. Failure on the part of the City to
answer within the time limits set forth in any step will entitle the employee to
proceed to the next step. The time periods contained herein may be mutually
waived or extended due to unforseen circumstances.
Section 5. Where a grievance is general in nature in that it applies to a
number of employees having the same issue to be decided, it shall be presented
directly to the Chief of Police or his/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1, and signed by the aggrieved employees or the PBA representative on
their behalf.
Section 6. In the event a grievance relating to the interpretation of this
Agreement or relating to a discipline matter involving termination of employment,
demotions for non-probationary employees, or suspensions of two (2) days or
more, processed through the grievance procedure has not been resolved at Step 4,
the City or the PBA may submit the grievance to arbitration within ten (10) calendar
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days after the City Manager (or a designee) renders a written decision on the
grievance, or the due date of that decision if no written decision is made. An
individual bargaining unit member may not proceed to arbitration without the
consent of the PBA. Matters relating to assignment, hiring, promotion, demotion of
probationary employees, suspensions less than two (2) days and other discipline
not involving a loss of pay shall not be subject to arbitration and the City Manager's
decision shall be final and binding. Grievance concerning suspensions of two (2) or
more days, demotions of non-probationary employees and terminations of
employment may be initiated in writing at Step 4, provided that they are filed with
the City Manager within ten (10) days of the date on which the employee is notified
of the discipline.
Section 7. The arbitrator may be any impartial person mutually agreed upon
by the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (10) calendar days after the City or PBA request arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation and
Conciliation Service. Within ten (10) calendar days of receipt of the list, the parties
shall alternately strike names, the City striking first. The remaining name shall act
as the Arbitrator.
Section 8. The City and the PBA shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the Arbitrator shall confine his/her decision to the particular grievance specified.
In the event the parties fail to agree on the statement of the grievance to be
submitted to the Arbitrator, the Arbitrator will confine his/her consideration and
determination to the written statement of the grievance and the response of the
other Party. Copies of any documentation provided to the Arbitrator by either
party shall be simultaneously provided to the other party.
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Section 9. The Arbitrator shall have no authority to change, amend, add
to, subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Arbitrator shall have no authority to consider
or rule upon any matter which is stated in this Agreement not to be subject to
arbitration. The Arbitrator may not issue declaratory or advisory opinions.
Section 10. Copies of the Arbitrator's decision shall be furnished to both
parties within thirty (30) days of the closing of the Arbitration hearing. The
Arbitrator's decision will be final and binding on the parties.
Section 11. Each party shall bear the expense of its own witnesses and of
its own representatives for the purposes of the arbitration hearing. The impartial
Arbitrator's fee and any related expenses including any cost involved in
requesting a panel of arbitrators, shall be paid by the non-prevailing party. The
hearing room, shall be supplied and designated by the City. Any person desiring
a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such cost.
Section 12. Unless otherwise agreed to by both parties, grievances under
this Agreement shall be processed separately and individually. Accordingly, only
one (1) grievance shall be submitted to an Arbitrator for decision in any given
case. Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent or an admission that the Agreement has been violated.
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ARTICLE 14
Seniority
Section 1. Seniority shall consist of continuous accumulated paid service
with the City. Seniority shall be computed from the date of appointment within a
particular job classification or rank. Seniority shall accumulate during absence
because of illness, injury, vacation, military leave, or other authorized leave.
Section 2. Seniority shall govern the following matters:
(a) Vacations for each calendar year shall be drawn by employees on the basis of
seniority preference. (b) In the event of a reduction in force or a layoff for any
reason, members of the police force shall be laid off in the inverse order of their
seniority in their classification. Any member who is to be laid off who has advanced
to a higher classification from a lower permanent classification shall be given a
position in the next lower classification in the same department. Seniority in the
lower classification shall be established according to the date of permanent
appointment to that classification and the member in the classification with the least
seniority shall be laid off. Members shall be called back from layoff according to the
seniority in the classification from which the member was laid off. Generally, shifts
and days off will be subject to seniority, however the Police Chief reserves the right
to make neecsary changes based on operational necessity.
Section 3. No new Police Officer shall be hired in any classification until all
members of the police force on layoff status in that classification have had an
opportunity to return to work, provided that individual maintains reasonably the
same physical condition as on the date of layoff.
Section 4. The term "classification" has been used above in regard to
layoffs, etc. The definition of the term classification means job classification such
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as Police Officer or Sergeant, not job assignment such as Detective or whatever
other assignments may come up from time to time.
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ARTICLE 15
Labor-Management Committee
Section 1. The City and the PBA shall each name up to three (3) individuals
who are employed by the City of Aventura as members of the Labor-Management
Committee. This Committee may meet and confer regarding any issues related to
the Police Department, which either party would like to discuss. This shall not
constitute renegotiations of the Agreement, but shall serve as a forum for exchange
of suggestions and recommendations. The Labor-Management Committee may
meet at mutually agreeable times, but not more than once a month.
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ARTICLE 16
Work Week and Overtime
Section 1. Forty (40) hours shall constitute a normal work week for
employees covered by this Agreement. Nothing herein shall guarantee any
member payment for a forty (40) hour work week unless the member actually works
forty (40) hours or the actual hours worked and the authorized compensated leave
total forty (40) hours. Authorized compensated leave shall mean leave
compensated under existing City policy or the provisions of this collective
bargaining agreement, (e.g. sick days, vacation time, holidays, compensation time,
educational leave).
Section 2. Hours worked in excess of the regular forty (40) hour work week
shall be compensated at the rate of time and one-half of the employee's regular
straight time, or the equivalent in compensatory time so long as said compensatory
time is taken in accordance with the Federal Fair Labor Standards Act in effect
during the length of this Agreement. Overtime will be calculated in conformance
with the Federal Fair Labor Standards Act.
Section 3. In the computation of work hours constituting the base forty (40)
hours and/or overtime hours, the following rules apply:
(a) Sick leave shall not be counted as hours worked for the computation
of overtime.
(b) Time spent on private duty details shall not be included.
(c) The work week, until changed by management (which is a
management right) upon due notice to the member employees, shall commence
Monday and terminate at midnight on Sunday.
Section 4. The department will establish the hours of work best suited to
meet the needs of the City to provide superior service to the community. The City
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agrees to implement, on a trial basis, a 4/10 work schedule for Patrol shifts (A, B
and C) only, including the Mall shift. However, officers on probation or assigned as
K9 officers may not bid the Mall shift. The continuation of the 4/10 schedule will be
evaluated prior to each bid, based on the following criteria: Overtime costs,
Compensatory Time earned and usage, Sick Leave use, Training issues and
Cooperation between shifts during overlap periods. The continuation of the 4/10
schedule will be announced each bid. Once a shift bid is completed, the City agrees
to continue the program for the remaining period of that bid. Patrol shifts will not
adopt back to back shifts. No employee grievance shall be filed if the 4/10 work
schedule is discontinued
Section 5. Bargaining unit employees will be given seven (7) days notice of
any change in their regular hours of work except where an emergency exists.
Section 6. Compensatory time off must be taken in accordance with the
Federal Fair Labor Standards Act and City policy concerning compensatory time
off. The maximum accumulation of compensatory time is 130 hours on an
annual basis. An employee may cash in up to 60 hours per year provided
notification is received by the Police chief by November 1 for December 1 pay
out. Upon resignation or termination of employment, all compensatory time
remaining to an employee's credit shall be compensated in cash.
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ARTICLE 17
Off-Duty Police Work
Section 1. Off-duty police work as authorized by the Police Chief shall be
compensated at the rate of not less than thirty-eight dollars ($38.00) per hour for all
bargaining unit members. There shall be an administrative fee of no less than eight
dollars ($8.00) per hour charged by the City.
Section 2. Off-duty employers will guarantee a minimum employment period
of three (3) hours off-duty for each assignment requested of the Police department
(work assignments can be split between officers).
Section 3. Personnel assigned to off-duty law enforcement jobs shall be
fully protected in case of injury during such assignment by the City's Workers
Compensation coverage.
Section 4. Assignments of off-duty police work shall, be fairly and evenly
distributed among eligible bargaining unit members. Full time employees shall have
the right of first refusal in off-duty detail police work assignments.
Section 5. When a detail requires four (4) or more police officers,
whenever possible, one of the four officers will be a supervisor. The supervisor
shall be compensated at the rate of not less than forty-three dollars ($43.00) per
hour. There shall be an administrative fee of not less than eight dollars ($8.00) per
hour charged by the City. If no supervisor is available to work the detail, then the
on-duty supervisor will be assigned to monitor the detail. Supervisors who work
regular off duty jobs will be compensated at the officer's rate in Section 1, above.
Section 6. The off-duty rates set forth in Sections 1 and 5 above shall be
increased to fifty-eight dollars ($58.00) per hour for officers and sixty-eight dollars
($68.00) per hour for supervisors for any off-duty police work performed on any
Holidays recognized by the City in Article 21, Section 1 of this Agreement.
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ARTICLE 18
Equipment and Maintenance
Section 1. Upon hiring by the City of Aventura, all new employees shall
receive from the City, an initial issue as determined by the Police Chief in
accordance with departmental standards. The City will replace uniforms when they
become unserviceable in accordance with departmental standards.
Section 2. Any uniform including handcuffs and eyeglasses of an employee
which is damaged or broken in the line of duty shall be repaired or replaced at no
cost to the employee. The City shall replace wristwatches damaged while in the
line of duty and not due to the employee's neglect by payment to the employee up
to $75.00 and replace prescription eye glasses or contacts damaged while in the
line of duty up to $125 and non-prescriptive eye glasses up to $25.00. The City
shall replace handcuffs at the City's expense, when not lost or damaged due to the
employee's carelessness. The parties recognize that this section is intended to be
utilized to reimburse employees covered by this agreement for damage to their
personal property as opposed to negligent or careless loss thereof or improper use
of such equipment.
Section 3. All risk of damage, loss and/or destruction to any items of a
personal nature, except as referred to in Section 2 above, damaged in the line of
duty while used to aid and improve vision, while on duty, is assumed by and shall
be the exclusive responsibility of the unit member. The City agrees to provide each
unit member with equipment necessary to perform the function of the job in lieu of
the use of personal property as contemplated above.
Section 4. All items of equipment issued by the City and not considered
expendable shall be returned upon termination of employment or appropriate
reimbursement made subject to allowance for normal wear and tear.
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Section 5. After six (6) months of service the City will pay employees
uniform maintenance in the amount of $600 ($300 on October 1st and $300 on
April 1st). Employees assigned to the Detective Division shall receive uniform
maintenance in the amount of $850 ($425 on October 1st and $425 on April 1st).
The parties recognize that the payments set forth in this Section are intended to
reimburse employees covered by this agreement for the cost of maintaining their
City-issued uniforms and that no claim should be made for reimbursement for
damage that occurs to such items.
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ARTICLE 19
Personnel Records
Section 1. All personnel records of the employees shall be kept confidential
and shall not be released to any person without having received a public records
request or as required by law. The City will be bound by Florida State Statute
Chapter 119 and any existing or future Attorney General's opinion regarding the
release of personnel records. Except as otherwise required by Florida State Statute
Chapter 119, and for the ease of understanding of the employees, this shall mean
that at no time shall the news media be directly or indirectly furnished by the City
with the home address, telephone number, or photograph of any employee without
his/her express written consent.
Section 2. Upon reasonable request, an employee may review his/her
personnel records. The member shall have the right to make duplicate copies of
this record for his/her use, at no cost to the employee and the City agrees that no
personnel records of the member shall be concealed from the member's inspection.
Section 3. Employees shall have the right, if they desire, to submit written
comments, (including signed witness statements, under oath) with reference to
derogatory performance evaluations, citizen's complaints, and any other written
documentation which the employee feels is detrimental.
Section 4. Personnel files shall at no time, without the permission of the City
Manager be removed from the Police Station and/or Human Resources Division.
Section 5. No bargaining unit members' name shall be released by the City
until a minimum of seven (7) calendar days elapses from notice to the employee of
the request, unless both the employee and Association submit a written waiver of
this provision. This provision does not apply to requests for public records made
pursuant to Chapter 119, Florida Statutes.
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ARTICLE 20
Bereavement Leave
Section I. In the case of death of an immediate member of the family
(mother, father, sister, brother, spouse, child, stepmother, stepfather, stepchild,
mother-in-law, father-in-law, grandchild, grandmother, or grandfather), full-time
employees who have been in the employ of the City for three (3) months or more
will receive up to four (4) days' paid leave for in-state (Florida) funerals and up to
five (5) days paid leave for out-of-state funerals without charge to vacation leave
credits. Any absence in excess of this amount will be charged to vacation leave or
leave of absence may be arranged if an extended period is required, with the
authorization of the City Manager.
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ARTICLE 21
Holiday Leave
Section 1. Employees shall be eligible for the following schedule of paid
holidays. When a holiday falls on Saturday, the previous Friday will be observed,
and if the holiday falls on Sunday, the following Monday will be observed.
New Year's Eve Day 1/2 day
New Year's Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve Day1/2 day
Christmas Day
Section 2. Where it is necessary to maintain regular services requiring an
employee to work on an official holiday, in addition to regular pay for time worked
on a holiday, such employee shall receive an extra day's pay or half a day's pay,
depending on the bargaining unit members' assigned schedule and holiday outlined
above, provided the employee exceeds the normal work week.
Section 3. If an employee is on authorized leave when a holiday occurs,
that holiday shall not be charged against leave (authorized leave refers to vacation,
illness, injury, compensation time, etc.). The employee must work the day before
and the day after each holiday to be eligible for holiday pay with the exception of
normal days off or excused absences.
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ARTICLE 22
Personal Leave
Section 1. All employees hired before April 1st of any calendar year shall be
granted three (3) working days of Personal Leave for that calendar year. New
employees hired on or after April 1st of any calendar year shall be granted two (2)
working days of Personal Leave for that calendar year. New employees hired on or
after July 1st of any calendar year shall be granted one (1) working day of Personal
Leave for that calendar year. Personal leave shall be used in full working day
increments for personal reasons, religious observances and transaction of personal
business. No payment shall be made upon separation from City service for any
unused Personal leave. No carry-over of Personal leave shall be permitted from
year-to-year. Said leave shall be granted upon the approval of the City Manager
and /or Department director.
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ARTICLE 23
Training
Section 1. The City agrees to provide the necessary in-service training
to keep each officer in compliance with minimum State standards.
Section 2. When possible, each officer will be provided an additional
forty hours of in-service training annually.
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ARTICLE 24
Transfers, Shift Changes and Substitutions
Section 1. It shall be the sole right of the City to transfer employees within
the Police department for the betterment of the service providing such transfers are
accomplished in an equitable manner, consistent with the health, safety and welfare
of the City.
Section 2. Normal schedule changes shall be posted at least fourteen
(14) days in advance. Unless mutually agreed by both parties, schedule changes
made, in between normal rotations, shall only be made with a minimum of one (1)
week notice.
Section 3. Voluntary exchange of individual workdays between
employees of like rank may be permitted with the approval of Shift Supervisors
provided such swaps do not interfere with the orderly operation of the Police
Department.
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ARTICLE 25
Group Insurance
Section 1. The city agrees to pay one hundred percent (100%) of the
individual employee health coverage premium. For employees hired before October
1, 2005, the City agrees to pay seventy percent (70%) or maintain the current
percentage split as of October 1, 2005 of the dependent coverage premiums. For
employees hired after April 1, 2006, the City agrees to pay fifty percent (50%) of the
dependent coverage premiums.
Section 2. Bargaining unit personnel who are totally and permanently
disabled in the line-of-duty shall be eligible to continue to receive group health and
hospitalization insurance coverage for both individual and family members under
the same conditions as were enjoyed at the time of disability, until such time as the
employee is eligible for said health and hospitalization coverage under the federal
Medicare Program. For purposes of determining whether a bargaining unit
employee is totally and permanently disabled in the line-of-duty, the determination
of the City of Aventura Police Officers' Retirement Plan Board of Trustees as to that
employee's application for a service-incurred disability pension under Section 36-28
of the City Code shall control.
Section 3. The City shall provide all bargaining unit members with a
short term disability insurance policy. The cost of the policy shall be paid 100% by
the City and provide 66 and 2/3 percent of the unit members' normal base wage for
both on and off duty injuries. Each member will be provided with a copy of the
City's short term disability insurance policy upon request.
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ARTICLE 26
Promotion Procedures
Section 1. Police officers with four (4) years law enforcement experience
with the City of Aventura shall be eligible to take the examination for a promotion to
the rank of Sergeant.
Section 2 All promotions shall be in accordance with current Police
Department Policy or as such Policy is subsequently amended by the City. Should
the City seek to change its promotional policy, the City will provide the PBA with a
copy of the new policy at least thirty (30) days prior to the effective date of such
policy. The City will announce promotional examinations at least sixty (60) days in
advance of the assessment process. The eligibility list shall be valid for up to one
(1) year.
Section 3. A candidate for promotion shall have the right to review the
scored elements of the Assessment process.
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ARTICLE 27
Probationary Employees
Section 1. All appointments to positions made from outside service shall be
subject to a one (1) year probationary period from the date of said appointment. All
appointments to the position of Sergeant made by promotion within the service
shall be subject to a one (1) year probationary period from the date of said
promotion. Probationary employees absent during their probationary period for
more than 30 days shall have their probationary period extended for the amount
beyond the 30 days.
Section 2. Probationary employees at the expiration of the probationary
period or anytime during the probationary period shall be subject to discontinuance
of service by the Police Chief upon recommendation to and approval of the City
Manager.
Section 3. Probationary employees disciplined or terminated during the
probationary period shall have no right to statement of cause, the reasons for
rejection or to a hearing, grievance and/or appeal.
Section 4. Probationary sergeants who are terminated shall have a right of
appeal only as to their status of employment in their rank of police officer.
Section 4. The just cause provision contained in the Management Rights
Article of this Agreement shall not pertain to probationary employees.
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ARTICLE 28
Sick Leave
Section 1. For those employees hired prior to January 15, 1998, upon
retirement, resignation with two (2) weeks notice and layoffs, accumulated sick
leave will be paid on the basis of the following schedule:
% OF SICK LEAVE PAID
YEARS OF SERVICE AT BREAK IN SERVICE
Less than 1 year 0%
Less than 3 years 10%
3 through 5 years 25%
5 through 7 years 50%
Over 7 years 100%
Accumulated sick leave percentage will be paid based on the closest year.
Section 2. For those employees hired after January 15, 1998, upon
retirement, resignation with two (2) weeks notice and layoffs, accumulated sick
leave will be paid on the basis of the following schedule:
% OF SICK LEAVE PAID
YEARS OF SERVICE AT BREAK IN SERVICE
Less than 1 year 0%
1 through 5 years 10%
5 through 15 years 50%
15 years and over 65%
Accumulated sick leave percentage will be paid based on the closest year.
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Section 3. The accumulation for payout purposes shall be no more than 750
hours for employees covered by this agreement.
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ARTICLE 29
Pension Plan
Section 1. The City agrees to maintain a defined benefit pension plan for
members of the bargaining unit as outlined in Chapter 36 of the City Code.
Section 2. Following ratification of the 2013-2016 Agreement, the Police
Pension Plan and Trust Fund as set forth in Chapter 36 of the City Code (the
"Plan") was amended as follows:
(a) Section 36-24 of the City Code shall be amended such that, effective
October 1, 2015, employees' contributions to the Plan shall increase
from 6.775% to 10.775% of a member's Earnable compensation.
(b) All employees retiring from the Plan on or after October 1, 2015 shall
receive a two percent (2%) cost of living adjustment on their annual
pension benefit beginning five (5) years after retirement.
(c) The definition of"Earnable compensation" shall be amended effective
upon ratification of this Agreement so as to exclude any overtime
hours worked by a member in excess of three hundred (300) hours in
a year.
Section 3. Following ratification of this Agreement, the Plan shall be
amended as follows:
(a) Section 36-26(a) of the City Code shall be amended such that,
effective October 1, 2018, a member may retire on the first day of the
month coincident with or next following the earlier of: the date upon
which the member completes 22.5 years of credited service,
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regardless of age; or the date upon which the member attains age 57
with ten years of credited service.
(b) Effective October 1, 2018, a deferred retirement option plan ("DROP")
will be created. A member will be eligible to enter the DROP on the
first day that he/she is eligible for normal retirement. The maximum
period that a member may participate in the DROP is five (5) years
beginning from the first day on which he/she is eligible for normal
retirement. A member's DROP account will be self-directed and the
members will be solely responsible for the gains and losses of their
individual accounts. Members who elect to participate in the DROP
shall be required to separate from City service at the conclusion of
the DROP period. A member's DROP shall be distributed to the
member in a lump sum as soon as administratively practicable and
not more than 90 days following the conclusion of the DROP period.
The City shall have no liability or responsibility to guarantee the
principal and/or rate of return for a member's DROP assets. The
DROP accounts, although self-directed separate accounts, will
remain part of the pension trust, and distributions from a member's
account shall not be permitted until termination of employment.
(c) The parties agree that, in accordance with Ch. 2015-39, Laws of
Florida, a defined contribution plan ("DC Plan") shall be created as a
component of the City Plan, but will not be activated unless and until
a portion of Chapter 185 premium tax revenues have been assigned
44
to fund the DC Plan. The provisions of the DC Plan, when and if
activated, shall be negotiated by the parties at the time funding has
been assigned to the DC Plan. Assignment of Chapter premium tax
revenues can result either from agreement between the parties, or
from application of the provisions of Ch. 2015-39, Laws of Florida.
Section 4. The parties mutually consent that any and all premium tax
revenues received by the Plan pursuant to Chapter 185, Florida Statutes,
including any accumulated excess premium tax revenues held by the Plan as of
the date of ratification of the 2016-2019 collective bargaining agreement, shall be
retained by the Plan to pay for the benefits offered by the Plan.
45
ARTICLE 30
Take Home Police Vehicle Policy
Section 1. Sworn police officers covered by this agreement who
successfully complete their probationary period will be eligible to utilize City
assigned police vehicles as transportation to and from work. It is expressly
understood and agreed that said vehicle shall be utilized only for such
transportation to and from work and that any violation of this policy may
immediately result in the suspension or termination of the particular officer's
privilege to utilize a vehicle for such transportation. It is further understood and
agreed by the parties that the City may evaluate the "take home "policy. The City
may, in its sole discretion, terminate said policy. It is also understood and agreed
by the parties that any decision by the City to extend or terminate the aforesaid
policy shall not be subject to the grievance/arbitration procedure contained in this
agreement. The City's "take home" police vehicle policy shall be in accordance
the Policy contained at Chapter 5, Subchapter 8, page 1 of the City's
Administrative Policy Directives and Procedures Manual, or as such Policy is
subsequently amended by the City.
Section 2. Bargaining unit members shall be permitted to run errands,
such as picking up dry cleaning or grocery shopping, on their way to or from work
provided that such errands occur only within the City of Aventura.
46
ARTICLE 31
Workers Compensation Fraud
Section 1. Any employee found to have fraudulently utilized the worker's
compensation program or found to falsify an on-the—job injury will be subject to
immediate dismissal.
47
ARTICLE 32
Drug and Alcohol Testing
Section 1. The City and the PBA recognize that employee drug and
alcohol abuse has an adverse impact on City government, the image of the City
employees, the general health, welfare and safety of the employees, and to the
general public at large. Therefore, the parties agree that the Department shall
have the right to require employees to submit to drug and alcohol testing
designed to detect the presence of illegal drugs and alcohol.
Section 2. Drug is defined as amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates,
benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of
the above mentioned substances. Alcohol includes distilled spirits, wine, malt
beverages, and intoxicating liquors.
Section 3. The Department will require members of the bargaining unit
to submit to drug and alcohol tests under the following circumstances:
3.1 The Department may require all members of the bargaining
unit who suffer an injury in the line of duty and/or are involved in a car accident to
submit to a drug and alcohol test immediately after the accident.
3.2 The Department will require all members of the bargaining
unit to submit to a drug and/or alcohol test based on its belief that the employee
to be tested is under the influence of or possibly using drugs and/or alcohol
drawn from specific objective and articulable facts and reasonable inferences
48
drawn from those facts in light of experience. Among other things, such facts
and inferences may be based upon:
(a) Observable phenomena while at work, such as direct
observation of drug and/or alcohol usage or of the physical
symptoms or manifestations of being under the influence of
a drug and/or alcohol.
(b) Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance.
(c) A report of drug and/or alcohol use, provided by a reliable
and credible source, which has been independently
corroborated.
(d) Evidence that an individual has tampered with a drug and/or
alcohol test during employment with the current employer.
(e) Information that an employee has caused, or contributed to,
an accident while at work.
(f) Evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on the
employer's premises or while operating the employer's
vehicle, machinery, or equipment.
Inappropriate employee behavior as described above must be
personally observed by a superior officer and witnessed by at least one other
employee witness, who may or may not be a superior officer or a police officer.
When confronted by a superior officer, the employee under
suspicion will be offered an opportunity to explain to the superior officer, prior to
being ordered to take the drug and/or alcohol test, why the aberrant or unusual
behavior is noticeable. Drug and/or alcohol testing based upon reasonable
suspicion will be conducted only with either the consent of the Police Chief or
his/her designee or the consent of the City Manager or his/her designee. The
designee shall be a sworn certified law enforcement officer above the rank of
49
lieutenant. Such approval shall be memorialized in writing and indicate the
subject matter of the test, why the test was ordered and listing the specific
objective fact(s) constituting "reasonable suspicion." A copy of this written order
will be provided to the employee as soon as it is practicable to do so.
Any refusal on the part of the suspected employee to immediately
comply with a valid 'reasonable suspicion" drug and/or alcohol testing order will
result in the immediate causal termination of the employee.
3.3 The Department, as part of its medical examination process
during pre-employment, during a fitness for duty examination, and during the
annual physical examinations, will require the members of the bargaining unit to
submit to a drug and alcohol test.
3.4 All members of the bargaining unit, at the discretion of the
Chief of Police, and/or the City Manager will be randomly tested for drugs. The
selection of the employees to be tested will be made using a neutral software
selection program, and shall be no greater than thirty (30) employees every six
(6) months.
Section 4. An employee required to submit to a mandatory test for the
presence of drugs and/or alcohol shall be entitled to have a PBA or other
employee representative present during the test. However, under no
circumstances will the drug and/or alcohol test be delayed for more than one (1)
hour to allow for the presence of a PBA or other employee representative.
Section 5. The following procedures shall apply to the substance abuse
testing administered to employees who meet the above stated conditions:
50
5.1 Analysis of specimens will be collected and performed only
by laboratories, hospitals or clinics certified by the State of Florida, Agency for
Health Care Administration (AHCA) or the Federal Substance Abuse and Mental
Health Services Administration (SAMHSA), utilizing qualified sites and employing
collectors trained to follow custodial collection protocols and properly maintain
legal specimen chain-of-custody. Specimens that the City may use when drug
and alcohol testing for the reasons set forth in Section 3 include urine, blood, and
hair follicle samples. In addition, the City may use a breathalyzer for an alcohol
test for any of the reasons set forth in Section 3.
5.2 Specimens shall be drawn or collected at a laboratory,
hospital, doctor's office, certified medical facility or even on City premises by a
certified health care professional. If the City or the collector requires an observer
when the urine specimen is given, the observer shall be of the same sex as the
employee being tested. All specimen containers and vials shall be sealed with
evidence tape and labeled in the presence of the employee, and his/her witness
should be present.
5.3 All drug and/or alcohol testing will be conducted using
recognized technologies and recognized testing standards. The following
standards shall be used to determine what level of detected substance shall
constitute a POSITIVE test result for urine specimens:
Substance Screening Test Confirmation
Amphetamines 1000 ng/mL 500 ng/mL
Barbiturates 300 ng/mL 150 ng/mL
Benzodiazepines 300 ng/mL 150 ng/mL
Cocaine 300 ng/mL 150 ng/mL
51
Cannabinoids (Marijuana) 50 ng/mL 15 ng/mL
Methadone 300 ng/mL 150 ng/mL
Methaqualone 300 ng/mL 150 ng/mL
Opiates (Heroin, Morphine, 2000 ng/mL 2000 ng/mL
Codeine)
Phencyclicline (PCP) 25 ng/mL 25 ng/mL
Propoxyphene 300 ng/mL 150 ng/mL
Alcohol (Ethanol) 0.02 g/dl 0.04 g/dl
5.4 Levels found below those set above shall be determined as
negative indicators. Tests for other non-presented controlled substances and
hair and blood specimens will be in accordance with federal and state
government screening and confirmation standards.
5.5 All positive initial tests shall be confirmed using gas
chromatograph/mass spectrometry or an equivalent or more accurate
scientifically accepted method approved by AHCA. The test must also use a
different scientific principle from that of the initial test procedure.
5.6 A Certified Medical Review Officer (MRO) who will be a
medical professional chosen by the City will review all negative and confirmed
positive laboratory results. Confirmed positive results will only be communicated
to the City's designated human resources professional after the MRO has
ascertained that personal prescriptions or other legal substances do not account
for the laboratory findings. Investigations may include, as appropriate, telephone
contact with the employee and any prescribing physician. Employees may
consult the City appointed MRO concerning drugs and/or drug groups that may
be tested for under this procedure.
5.7 Employees may contact the City's Medical Review Officer to
ask questions concerning prescribed medications they are taking for clarification
52
purposes involving fitness for duty assessments
5.8 The following is a list of over the counter and prescription
drugs which could alter or affect drug and alcohol test results. Due to the large
number of obscure brand names and the constant marketing of new products,
this list cannot be and is not intended to be all inclusive:
Alcohol: All liquid medications containing ethyl alcohol
(ethanol). Please read the label for alcohol content.
As an example, Vick's Nyquil is 25% (50 proof) ethyl
alcohol, Comtrex is 20% (40 proof), Contact Severe
Cold Formula Night Strength is 25% (50 proof), and
Listerine is 26.9% (54 proof)
Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex,
loanamine, Fastin, Vicks Nasal Inhalers
Cannabinoids: Marinol (Dronabinol, THC)
Cocaine: Cocaine HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine,
Tylenol with Codeine, Empirin with Codeine, APAP
with Codeine, Aspirin with Codeine, Robitussin AC,
Guiatuss AC, Novahistine DH, Novahistine
Expectorant, Diluadid (Hydromorphone), M-S Contin
and Roxanol (morphine sulfate), Percodan, Vicodin,
Tussi-organidin, etc.
Barbiturates: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal,
Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral,
Butabarbital, Butalbital, Phrenilin, Triad, etc.
Benzodiazephines: Ativan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Verstran,
Halcion, Paxipam, Restoril, Centrax, etc.
Methodone: Dolophine, Metodose, etc.
Propoxyphene: Darvocet, Darvon N. Dolene, etc.
53
Section 6. Within five (5) working days after receipt of a positive
confirmed test result from the testing laboratory, the City will inform the employee
in writing of such positive test result, the consequences of such results, and the
options available to the employee or job applicant. The City shall provide to the
employee or job applicant upon request, a copy of the test results. Within five (5)
working days after receiving written notification of a confirmed positive test result,
an employee or job applicant may submit information to the City explaining or
contesting the test results and why the results do not constitute a violation of the
employer's policy. If the City disagrees with the employee's position, within fifteen
(15) days of receipt of a formal challenge of positive confirmed test results, the
City will respond to the employee. If the employee wishes to maintain the
challenge, within thirty (30) days of receipt of the City's written response, the
employee may appeal to a Court of competent jurisdiction and/or a Judge of
Compensation Claims (if a workplace injury has occurred). Upon initiating a
challenge, it shall also be the employee's responsibility to notify the testing
laboratory which must retain the specimen until the case is settled.
Section 7. The results of all tests performed hereunder will be held
confidential to the extent permitted by law.
Section 8. Any specimens found or admitted to have been adulterated
or substituted before, during or after the substance abuse test, will constitute
immediate grounds for employee discharge from employment.
Section 9. Employees have a right to consult with the MRO for
technical information regarding prescription and non-prescription medication.
54
Section 10. The results of such tests shall be handled as if part of an
internal affairs investigation, and the employee involved shall be afforded all the
rights enumerated in Section 112.532 of the Florida Statutes. The taking of drug
and/or alcohol tests from a member of the bargaining unit does not constitute an
interrogation within the meaning of Section 112.532 of the Florida Statutes,
unless questions are asked at the time the test is taken.
Section 11. Disciplinary consequences for having a confirmed positive
drug test is the immediate discharge of the employee for cause, and the potential
denial of Unemployment Compensation as specified in Sections 440.101 and
440.102 of the Florida Statutes. An employee injured in the line of duty and/or
involved in an automobile accident and subsequently confirmed positive for drug
and/or alcohol abuse based upon post accident testing will also be terminated
from employment and may lose Workers' Compensation benefits.
Section 12. An employee who tests positive for alcohol and was not
involved in an accident and/or did not suffer an injury in the line of duty while
under the influence of alcohol must meet the following conditions to remain
employed by the Department:
(1) Completion of an Employee Assistance Program or
Substance Abuse Program approved by the City.
(2) During the period the employee is out after a positive alcohol
test result, he/she will be placed in a "no-pay" status or they
may utilize their accrued vacation leave.
(3) The employee who had a positive test result and is
reinstated must sign a Last Chance Agreement that will
specify immediate discharge on a second positive alcohol
test.
55
Section 13. Any disciplinary or other adverse personnel action taken by
the City Manager resulting from any test conducted pursuant to this article shall
be appealable though the grievance procedure contained in this agreement
through and including arbitration.
Section 14. Nothing in this Article shall prohibit an employee from
voluntarily self-identifying as having a drug/alcohol abuse problem to either
his/her immediate supervisor, Department Head, or the Personnel Officer, but
may not do so just prior to being selected for a drug and/or alcohol test.
Such employee must meet the following conditions to remain employed by
the Department:
1) Completion of Employee Assistance Program or Substance Abuse
Program approved by the City;
2) During the period the employee is out of after self identifying
himself/herself will be placed in a "no pay" status or they may utilize
their accrued vacation leave; and
3) The employee who self identifies himself/herself must sign a Last
Chance Agreement that will specify immediate discharge on any
drug and alcohol confirmed positive test, and if he/she
subsequently self identifies as having a drug and alcohol abuse
problem.
Requests from employees for assistance in this regard shall remain
confidential to the extent permitted by law and shall not be revealed to other
employees or members of management without the employee's consent.
56
Employees enrolled in drug/alcohol abuse programs as outpatients, shall be
subject to all City rules, regulations and job performance standards. The
Department will not discharge, discipline, or discriminate against an employee
solely upon the employee's voluntarily seeking treatment for a drug and/or
alcohol related problem, if this is the first time that an employee has entered an
employee assistance program for drug/alcohol related problems.
Drug and alcohol abuse are serious personal concerns for many
individuals. The City provides employees in such circumstances with the
services of an Employee Assistance Program which may be called to obtain free,
confidential, professional referral assistance.
United Healthcare — Care 24
1-888-887-4114
57
ARTICLE 33
Reopening of Negotiations
Section 1. If during the life of this Agreement a pension plan actuarial
evaluation is completed which requires the City to increase its contribution to the
Plan to greater or equal to twenty-two percent (22%) of covered payroll, the
parties agree to reopen the Pension Article within thirty (30) days for the sole
purpose of only discussing Article 29 Pensions. All other provisions of this
Agreement shall remain in full force and effect during any reopening.
58
ARTICLE 34
Court Time
Section 1. Bargaining unit employees shall receive a minimum of three (3)
hours overtime at one and one-half (1 'A) times their regular rate for necessary
off-duty work related to court appearances required by court order or quasi-
judicial and administrative hearings, concerning pending criminal, civil or traffic
cases. To be eligible, an employee must be called back to work at a time outside
his/her normal working hours, and at least three (3) hours before the beginning of
the shift and one (1) hour after the end of the shift. Pay for witness fees shall be
returned to the City. Employees may be permitted to accrue compensatory time
for off-duty court appearances in lieu of cash payments.
59
ARTICLE 35
Term of Agreement
Section 1. This Agreement shall be effective upon ratification by the PBA
and the City, and shall continue through September 30, 2019.
Section 2. In the event a new collective bargaining Agreement is not
reached prior to the expiration of this Agreement, the terms and conditions of this
Agreement shall be binding upon the parties until the ratification of a new
collective bargaining Agreement.
Section 3. It is understood and agreed that this Agreement constitutes the
total agreement between the parties. The terms of this Agreement shall not be
amended, except by the mutual written consent of the parties as they may from
time to time agree.
This Agreement is made and entered into and executed this
day of , 2017.
CITY OF AVENTURA DADE COUNTY POLICE BENEVOLENT ASSOCIATION
Eric M. Soroka, City Manager John Rivera, President
Representative
ATTEST: Representative
Ellisa Horvath, City Clerk Representative
Brett J. Schneider City Labor Attorney Andrew Axelrad, PBA Attorney
60
EXHIBIT A
Salary Plan-2016-2017 Salary Plan-2017-2018 Salary Plan-2018-2019
October 1,2016 through September 30,2017 October 1,2017 through September 30,2018 October 1,2018 through September 30,2019
Police Officers(includes 3.0%COLA) Police Officers(includes 3.0%COLA) Police Officers(includes 3.0%COLA)
STEP 1 $ 57,635.21 STEP 1 $ 59,364.27 STEP 1 $ 61,145.20
STEP 2 $ 60,516.97 STEP 2 $ 62,332.48 STEP 2 $ 64,202.45
STEP 3 $ 63,542.82 STEP 3 $ 65,449.10 STEP 3 $ 67,412.57
STEP 4 $ 66,719.95 STEP 4 $ 68,721.55 STEP 4 $ 70,783.20
STEP 5 $ 70,055.97 STEP 5 $ 72,157.65 STEP 5 $ 74,322.38
STEP 6 $ 73,558.76 STEP 6 $ 75,765.52 STEP 6 $ 78,038.49
STEP 7 $ 77,236.68 STEP 7 $ 79,553.78 STEP 7 $ 81,940.39
STEP 8 $ 81,098.52 STEP 8 $ 83,531.48 STEP 8 $ 86,037.42
STEP 9 $ 85,153.47 STEP 9 $ 87,708.07 STEP 9 $ 90,339.31
STEP 10 $ 88,133.81 STEP 10 $ 90,777.82 STEP 10 $ 93,501.15
Police Sergeants(includes 3.0%COLA) Police Sergeants(includes 3.0%COLA) Police Sergeants(includes 3.0%COLA)
STEP 1 $ 77,740.53 STEP 1 $ 80,072.75 STEP 1 $ 82,474.93
STEP 2 $ 81,627.54 STEP 2 $ 84,076.37 STEP 2 $ 86,598.66
STEP 3 $ 85,708.91 STEP 3 $ 88,280.18 STEP 3 $ 90,928.59
STEP 4 $ 89,994.38 STEP 4 $ 92,694.21 STEP 4 $ 95,475.04
STEP 5 $ 94,494.08 STEP 5 $ 97,328.90 STEP 5 $ 100,248.77
STEP 6 $ 99,218.78 STEP 6 $ 102,195.34 STEP 6 $ 105,261.20
STEP 7 $ 104,179.73 STEP 7 $ 107,305.12 STEP 7 $ 110,524.27
STEP 8 $ 109,388.72 STEP 8 $ 112,670.38 STEP 8 $ 116,050.49
STEP 9 $ 113,217.32 STEP 9 $ 116,613.84 STEP 9 $ 120,112.26
61
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, IC'
City Manager
BY: Joanne Carr, AIC tat
Community Developm qector
DATE: January 17, 2017
SUBJECT: Request of AT & T Store for Sign Variance
18101 Biscayne Boulevard, City of Aventura
(01-SV-17)
February 9, 2017 City Commission Meeting Agenda Item I0
RECOMMENDATION
It is recommended that the City Commission approve the request for variance to
permit a second wall sign measuring 42 square feet on the north elevation of the
AT&T store at 18101 Biscayne Boulevard; where one sign measuring 84 square
feet is permitted by Code, with the following conditions:
1. That the existing wall sign on the west elevation be removed and replaced
with a wall sign measuring 42 square feet as shown on the drawings submitted
with this application; and
2. That the proposed 42 square foot wall sign on the north elevation substantially
comply with the drawings submitted with this application.
THE REQUEST
The applicant, Jennifer Ronneburger for Alternative Sign Group on behalf of AT&
T, is requesting variance from Section 31-191(j)(2)a. of the City Code to permit a
second wall sign on a one-story freestanding commercial building in the plaza at
18101 Biscayne Boulevard, where one wall sign is permitted by Code. (See
Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY Blue Green Capital LLC
APPLICANT Jennifer Ronneburger for
Alternative Sign Group on behalf of
AT&T
LOCATION OF PROPERTY 18101 Biscayne Boulevard
(See Exhibit#2 for Location Map)
LEGAL DESCRIPTION Part of Tract A, First Bayside, according
to the plat thereof recorded in Plat Book
93, Page 93, of the Public Records of
Miami-Dade County, City of Aventura,
Florida
ZONING
Subject property: B2, Community Business District
Property to the North: B2, Community Business District
Property to the South: RMF4, Multifamily High Density
Residential District
Property to the East: RMF4, Multifamily High Density
Residential District
Property to the West: Biscayne Boulevard
EXISTING LAND USE
Subject property: Commercial Plaza
Property to the North: Commercial Plaza
Property to the South: Driveway to Residential Condominium
Property to the East: Residential Condominium
Property to the West: Biscayne Boulevard
FUTURE LAND USE — According to the City of Aventura Comprehensive Plan,
the following properties are currently designated as follows:
Subject property: Business & Office
Property to the North: Business & Office
Property to the South: Medium High Density Residential
Property to the East: Medium High Density Residential
Property to the West: No designation — Biscayne Boulevard
The Site - The subject building is located at the southwest corner of the
commercial plaza on the east side of Biscayne Boulevard, south of NE 183
2
Street, and contains retail, restaurant and bank tenant spaces. The specific site
of this application is the AT&T mobile retail store. There is one existing wall sign
on the west elevation of the store, facing Biscayne Boulevard, measuring 89.95
square feet, that was installed in 2012.
The Project— The applicant is proposing a second wall sign on the north, interior
plaza elevation of the existing store to direct customers from the parking lot into
the store. There is an existing 89.95 square foot wall sign on the west elevation,
facing Biscayne Boulevard, which is proposed to be removed and replaced by a
new wall sign measuring 42 square feet. The proposed wall sign on the north
elevation also measures 42 square feet.
The sign package, showing location of the existing and proposed wall signs, is
attached as Exhibit #3.
Citizen Comments — As of the date of writing of this report, the Community
Development Department has not received any written or verbal citizen
comments.
ANALYSIS
Section 31-191(j)(2)a. of the City Code regulates wall signs on commercial
buildings. One wall sign per tenant is permitted, except two wall signs may be
permitted for corner or through locations. Corner locations are defined by City
Code as a location with frontage on two public streets. Through locations are
defined by City Code as locations with customer entry/exit doors on two opposite
sides of the tenant space. This is not a corner or through location. The maximum
size of the sign is one square foot for each one lineal foot of building frontage.
This tenant space has a frontage of 84 lineal feet; therefore, one wall sign at 84
square feet is permitted by Code. There is one existing wall sign measuring
89.95 square feet on the west elevation of the tenant space that will be removed
and replaced with a new wall sign measuring 42 square feet. The applicant is
requesting a second wall sign on the west elevation measuring 42 square feet.
The total square footage of the replacement wall sign and the proposed wall sign
is 84 square feet, which is the same as the sign area that would be permitted by
Code for one wall sign.
The criteria for approval of sign variances are set out in Section 31-191(m)(8) of
the City of Aventura Land Development Regulations, as follows:
"The Sign Variance maintains the basic intent and purpose of these
regulations; particularly as it affects the stability and appearance of the
City and provided that the variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community. No
showing of unnecessary hardship to the land is required."
3
The proposed wall sign on the north elevation of the tenant space will identify the
store for customers once they have entered the parking area. The existing wall
sign on the west elevation will continue to direct customers from Biscayne
Boulevard. The combined area of the replacement wall sign and proposed wall
signs, at 42 square feet each, does not exceed the square footage allowed by
Code for one wall sign at this location.
This request does preserve the unique character of the City and is not in conflict
with the basic intent and purpose of the sign code. The signs are compatible
with surrounding land uses, will not be detrimental to the community and will
effectively index the environment. The two signs will direct customers to the
retail store.
4
December 1, 2016
21
2016
City of Aventura
Community Development Department l 1 !i
19200 W. Country Club Drive — •
Aventura, FL 33180
Re: At&T - Sign Variance Letter of Intent
18183 Biscayne Blvd
Aventura, FL
PCN: 28-2210-017-0020
To Whom it may concern:
Alternative Sign Group along with our client, AT&T respectfully request an additional exterior
wall sign at the above referenced location.
The requested wall sign will have multiple benefits for the community. The wall sign will be in
line with the other signs currently installed in the shopping center on the same West elevation
as we are proposing. This additional sign will also assist the customers when trying to locate the
business once inside the property from the parking lot and will also allow them the ability to view
the location from southbound on Biscayne Blvd which will avoid last minutes traffic decisions.
The requested wall sign will meet all requirements of the City of Aventura and the Property
Owner.
Please let us know if you have any questions or require any additional information.
Sincerely,
j Jennif- -on : • ger
Alternative Group
22.'
Exhibit 1
01-SV-17
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Exhibit 2
01-SV-17
BEFORE AFTER
S ) Remote Wired Letterset ra
with Drop-1n Faces ., -shimprzsa
Installation Guidelines •
• Install new remote wired
illuminated letterset as shown __ -- • :"
• Note:globe cabinet to be
painted to match fascia / '.•L - /.uy; ,�i-1'
ill.iii • ' .. i 1 i*‘'1;i ..
t-' - ' ' '' -3r.411. iiint**—---,...".". _. 1-i.I • ' '- .7.i.--. 111411ft--- 7:— '
•
Alb
v 3I 1/ I
Globe Specifications
063"aluminum return;weld to face,screw mount Countersunk scre
to back.Paint interior surface 74200 SP ZAP I Paint to match me
White Light Enhancement.Paint exterior surface.
to match mounting surface.
10L1 1/8" _ .12S"routed aluminum face;weld to returns. 1/4-aluminum spa
Paint interior surface 74200 SP ZAP
White Light Enhancement.Paint exterior .125"aluminum ba
i to match mounting surface. N painted high reflet
4' 1 7/8" 5'-2 3/4" s
White LED module ! `I L,
(SloanLED White 6500k or
8 1/2" GELcore White 7100k) 7
'I'
ce, r
rniINS
self-contained power supply
,.;,'
1/2"thick clear acrylic(1/4"exposed)with frosted edges. (n
3M#3630-7775 Blue Translucent vinylapplied 1st surface and Mechanical fasten = t
k3M#3630-7336 Lt.Blue2nd surface L site conditions W 0
1' 7 15/16" /2
7
,—
; :;;;::::
AT&T
' Matthews MP59262 Black,satin finish.Paint interior surfaces 1l
I
74200 SP ZAP White Light Enhancement. 111 Mechanical faster
site conditions
.063"aluminum back;
Paint interior surfaces 74200 SP ZAP White Light Enhancement. 1/4^aluminum spa
1/2"clear acrylic face with 120V power suppl,
3M#3635-222 Black Perforated Film applied 1st surface and
3M#3635-30 Diffuser Film applied 2nd surface
Scale 3/8"=1'-0" . 1�
3/8"flexible conduit
Sq Ft 142 White LED module(SloanLED White 6500k
or GELcore White 7100k)
1/4"dia.weep hole with light cover(min.2 holes
per letter)
For representational purposes only.Individual art files to be supplied separately. staple returns to backs 11.
Revisions: _ x Fila Location: STND
Weed ua/As/Kim x Dow/cliants/ATt CSTM _ Date: 09-2i-2016 Clty/State: Aventure PL Drawing# C50429
® prioritysign x x 0AS A CR 0 EN Designer: AS PM:AB Address: 18101 Biscayne Blvd Sit.Name -
BEFORE AFTER
\lI Remote Wired Letterset - - •
S2 J }4r' s rs` f _
with Drop-In Faces _y , .. ..i
Installation
Installation Guidelines `
• Install new remote wired r i illuminated letterset as shown I 1 Pill �*-
• Note:globe cabinet to be ip .y'` ^ •
1 I I +'('� : r
painted to match fascia Nt . �� ��
II •
h 0 ( { 11 I ` 0. `..
''� I ;�.o•,•
_I - li - �� tar• 1 I i - .'!sem
J� -
f-_ :iiiorpos...,
.._
I
Globe Specifications
.063"aluminum return;weld to face,screw mount i Countersunk screw.
to back.Paint interior surface 74200 SP ZAP Paint to march mounting
White Light Enhancement Paint exterior surface
to match mounting surface.
10'_1 1/8" - .125"routed aluminum face;weld to returns. 1/4"aluminum spacer
Paint interior surface 74200 SP ZAP 1
White Light Enhancement.Paint exterior
4'-1 7/8" - - - 5'-2 3/4" to match mounting surface. paratedhighreflective white
White LEO module
(SloanLEO White 6500kor
8 1/2" GELcore White 7100k)
m self-contained power supply
‘M4,11
1/2"thick clear acrylic(1/4"exposed)with frosted edges.
3M#3630-7775 Blue Translucent vinylapplied 1st surface and— ii Mechanical fastener per
;173M#3630.7336 Lt.Blue2nd surface T site conditions
1.-. 1/4111111.0111110 1'-7 15/16" 1/2"1=_Te
1/4"dia.weep hole with light cover
AT&T Letter Specifications r+1/T}
lift111111011°' m .063"aluminum returns painted
Matthews MP59262 Black,satin finish.Pain[interior surfaces p
74200 SP ZAP White Light Enhancement. III Mechanical fastener per
.063"aluminum back; site conditions
Paint interior surfaces 74200 SP ZAP White Light Enhancement. 1/4"aluminum spacer
1/2"clear acrylic face with 120V power supply
3M#3636-222 Black Perforated Film applied 1st surface and
3M#3635-30 Diffuser Film applied 2nd surface
Scale 13/8"=1'-0" 'i,-
3/8'flexible conduit
SqFt 42 White LED module(SloanLED White 6500k
-
I or GELcore White 7100k) -
1/4"dia.weep hole with light cover(min.2holes s .,
per letter)
For representational purposes only.Individual art files to be supplied separately. staple returns to backs
Revisions: x File Location: STND _
Rarhae We/As/01.12.17 x olwlcilants/ATr CSTM _ Date: 09-21-2016 City/State: A iSntura FL Drawing# C 50429
rlt sl go x x
prioY x x El]AS .CR 0 EN Designer. AS PM:AB Address: 18101 Biscayne Blvd She Noma -
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71(b)(2)(i)of the City of Aventura Land Development Code,this Applicant Representative Affidavit is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit.which is identified in the accompanying
application,and the owner of the property subject to the application(if different)hereby lists and identifies all persons representing the individual or entity
applying for the Development Permit in connection with the application.as follows.
Name Relationship (i.e.Attorneys.Architects,Landscape
Architects,Engineers, Lobbyists,Etc.)
.-_.(a.:04ic 'or3K.C2 i�'.E..G:Ef A1C--r.} C-c'-css.L Za�t7
C ' S( L-ArL>E,Lt-c`•c
klorfz " 7-› cry CS { wNt
(Attach Additional Sheets If Necessary)
NOTICE ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC.31-71(B)(2)0V)OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
j__1,
I ..
WITNESS MY HAND THIS DAY OF lJ 2014 ---- - ..
AUTHOR 0 REPRESEN TIVE OF APPLICANT: OWNER
By: • ( `T By:
(Signature) (Signature)
Name:_-j .::,c-c—A "'hc.-.:. c..et -iiaCcee_ Name:
(Print) (Pilot)
Title: Title:
Address: Address:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared �a.:iiec'e— ‘,:x-C=k��Y re authorized representative of the
Applicant and/or the owner of the property subject to the application, who being first +rte •my sworn, i)t swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFF •NT j
SWORN TO AND SUBSCRIBED BEFORE ME thin day of - -- . Lk
J�ISI !y 6 /
Notary Public(.Sta(e of FlonOa Attarge
Printed Name of Notary L., Lt1tt{ V
My commission expires: -
N d•`
--”StNotary Public SW of Florida
• ' • Commlubn r FF 925288
•
_ My Cantu.Expires Oct 7,2019
t '&A Badedd ag1Mona Way Atm.
-
WITNESS MY HAND THIS [1 DAY OF )r2--i.�r ,20,T
REPRESENTATI :(L' Business Relationship Affidavit)
By _ (Signature) By:__ _ (Signature
Name.0 sStm, i,A,.t=u` not) Name: ._ _ (Print)
Title^ i
1T-2.2.-s-- g7.',11::Er Print) Title: _ (Print)
I t
le?
4lrt.titA4 ( ,gnature) By:_ _ _._ (Signature
Name: Z. tt:A(`j 1 s rr?-- Print) Name: (Print)
Title: C tti� L G h,S,.11-cc#lAt) Title: (Print)
By:,, _ (Signature) By: (Signature
Name _(Print) Name: _ (Print)
Title: — ..(Prim) Title:_ ._(Print)
By: _ (Signature) By: __.— (Signature
Title:_ _ _(Pru) Title: (Print)
Title. (Print) Title-_ — (Print)
By: (Signature) By:. _ (Signature
Title: (Pont) Title._ (Print)
Title: (Print) Title: _ _ (Print)
By (Signature) By: (Signature
Title: (Print) Title: _ — ._(Print)
Title. (Print) Title: _(Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and .Affiants are advised to timely supplement this Affidavit pursuant to Sec.31-71tb)t2)(1v)of
the City's Land Development Regulations in the Cit) Code, in the event that prior to consideration of the
application by the City Board or Commission. the information provided in the Affidavit becomes incorrect or
incomplete.
BUSINESS RELATIONSHIP AFFIDAVIT
1•9
This Affidavit is made pursuant to Section 31-71(b)(2)(ii)of the City of Aventura Land Development Cade. The undersigned Affiant hereby discioses that:
(mark with'x'applicable portions only)
kit Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
112. Affiant hereby disdoses that it does have a Business Relationship with a member of the City Commssan or a City Advisory
Board to which the application will be presented,as follows:
_ (List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship S as follows:
[I i. Member of City Commission or Board holds an ownership interest in excess of 1%of total assets or capital stock
of Applicant or Representative;
O ii. Member of City Commission or Board is a partner. co-shareholder(as to shares of a corporation which are not
listed on any national or regional stock exchange) or pint venturer with the Applicant or Representative in any
business venture:
O iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[)iv. A City Commissioner or Board member is a Client of the Applicant or Representative:
[I v The Applicant or Representative S a Customer of the member of the City Commission or Board(or of his or her
employer)and transacts more than$1000.00 of the business of the member of the City Commission or Board(or
his or her employer)in a given calendar year:
I)vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than$25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS4ND THIS Lii DAY OF ; 1— ,. -2043.
L�'NL
By t L. (signature) • ,
Name. .Cocx‘strrs7 V :. ,ilsW->2 (Print)
TitleCep£ ' ups..:,'1 —(Print)
WITNESS MY HAND THIS'=DAY OF 1 (....\— 1 200_
PROPERTY OWNER.
By: (Signature)
Name. - (Print)
Title: (Pant)
'The terms Business Relationship,- Client' Customer," Appiicant' Representative"and interested Person'are defined in
Section 2-395 of the Aventura City Code.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Belle me,the undersigned authority,personally appeared _ .who ng first by me duly swan,did swear or affirm that he/she
executed this Affidavit fa the purposes stated therein and that itis hue and correct. •
I-s
SWORN TO AND SUBSCRIBE be e • .20
,,,.un,,,, •
CHANTEL M.ROMERO
''"µ� �'sE Notary Public-State of Florida
1 ��(r'1,� Slate of Florida At Large
I' •� Commission M FF 925288 `
1
-,„__!.451 My Comm.Expires Oct 7.2019 Primed-Mame of Nagy
yr. ',riluddliwout Niko'Mime My commas&expires--
__.
STATE OF FLORIDA
COUNTY OF MIAMI-DADEE)
Before me.the undersigned authority.personally appearetaatS(igia LR.Lt aje ANant, • -lag first by me cuiy swan.did swear a affirm that he/she
executed his Affidavit for the purposes staled therein and that it is true and correct. /9
ri
SWORN TO AND SUBSCRIBED before ` , .4 ! '1T • ! •
CHANTEl •
-o,� Strata of Florida
-_. °be< NotarY P isslrM 5288 — a Alar
'� a Comm MFF 92 nnf-C. _/' c le of Fbntla yu Large
-. MY Commm 9lr inlYOMW. L Nam loth`terry — _. .-
•- Printed
Name of No
B,sd My commission expires: _
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE) ' r
Before me,the undersigned authority,personally appeared �c D r the Affiani who beim first by me duly swan,did swear or affirm that helshe
executed this Afitlawl fa the purposes sated herein and that it is hue and cared
IAN
SWORN TO MD SUBSCRIBED before me this 1.1day of LA' ,200_1,
opty CHANTEL M. ROMERO Z
;;c •(c Notary Public-Stale of Florida btc St MFlaea At Large
- u •- Commission M FF 925288 'L '<� G'Y._ _
�'�� My Comm.Expires Oct 7,2019 PnmedWarne ofNotary
•• NoretdlhWdrlWOeal Navy - My commissia+expires:_. _-
�'%;farv,••- Assn.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE)
Before me.the undersigned authority,personally appeared- _ _ _ _ the Adani who being first by me duty sworn,did swear a affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct-
_
AFFIANT . _
SWORN TO AND SUBSCRIBED before me this _day of —. _ _200_
Notary Pubic Stale of Florida Al Large
Printed Name Of Notary _
My commission expires._ _ —
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE
AT&T RETAIL STORE ON PROPERTY LOCATED AT 18101 BISCAYNE
BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the Applicant, Jennifer Ronneburger for Alternative Signs Group on
behalf of AT&T, through Application No. 01-SV-17, has requested a sign variance to
permit a second wall sign measuring 42 square feet on the north elevation of the AT&T
retail store in the commercial plaza located at 18101 Biscayne Boulevard, where one
wall sign measuring 84 square feet is permitted by Code; and
WHEREAS, there is an existing wall sign on the west elevation of the AT&T retail
store measuring 89.95 square feet, which is proposed to be removed and replaced with
a new wall sign measuring 42 square feet as part of this Application; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the application for the second wall
sign meets the criteria of the applicable codes and ordinances to the extent the
application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-SV-17 for Sign Variance to permit a second wall
sign measuring 42 square feet on the north elevation of the AT&T retail store in the
commercial plaza located at 18101 Biscayne Boulevard, legally described as Part of
Tract A, First Bayside, according to the plat thereof recorded in Plat Book 93 at Page
93 of the Public Records of Miami-Dade County, Florida, is hereby granted exclusively
to the applicant, with the following conditions:
1. That the existing wall sign on the west elevation be removed and replaced with a
wall sign measuring 42 square feet as shown on the drawings listed in Condition #2
hereof; and
City of Aventura Resolution No. 2017-
2. That the proposed 42 square foot wall sign on the north elevation substantially
comply with the following drawings submitted with this application:
• AT&T Wall Sign, North Elevation, 18101 Biscayne Boulevard, prepared by
Priority Sign, Sheet S1, dated 09-21-2016, signed and sealed 1/12/17
• AT&T Wall Sign, West Elevation, 18101 Biscayne Boulevard, prepared by
Priority Sign, Sheet S2, dated 09-21-2016, signed and sealed 1/12/17.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
Page 2 of 3
City of Aventura Resolution No. 2017-
PASSED AND ADOPTED this 9th day of February, 2017.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this day of , 2017.
CITY CLERK
Page 3 of 3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-C ,ic Ma ager
f
DATE: January 25, 2017
SUBJECT: Ordinance Creating Youth A. i•ory Board
1st Reading February 9, 2017 City Commission Meeting Agenda Item �
2nd Reading March 7, 2017 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance creating a
Youth Advisory Board.
BACKGROUND
In accordance with directions discussed at the January Workshop Meeting, and the
memorandum prepared by Commissioner, Denise Landman, the City Attorney has
drafted the attached Ordinance which creates a Youth Advisory Board.
The Ordinance includes the points raised at the Workshop Meeting and is based on
previous Ordinances establishing Boards in the City.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01693-17
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO: Eric M. Soroka, ICMA-CM, City Manager
FROM: Commissioner Denise Landman
DATE: December 9, 2016
SUBJECT: Discussion on Creating a City of Aventura Youth Board
Please place on the January Workshop Meeting Agenda a discussion on creating an
Aventura Youth Board. The following would be the major points I would recommend for
the Ordinance creating the Board:
• Open to all high school age residents.
• 5 to 7 member Board selected by the City Commission in July of each year for a
one year term.
• The duties of the Board would include participating in a mock City Commission
Meeting which includes local government training, shadowing Commissioners or
City staff, volunteering and assistance in promoting City events and other special
projects assigned.
Thank you.
ORDINANCE NO. 2017-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
CREATING DIVISION 7 "YOUTH ADVISORY BOARD" OF
ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE OF THE CITY OF
AVENTURA, FLORIDA; ESTABLISHING AN ADVISORY
BOARD AND PROVIDING FOR ITS DUTIES AND
RESPONSIBILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission desires to create an advisory board to assist the City in
educational, civic and community events and activities, while providing further educational and
development opportunities to high school age residents of the City who serve on the Board.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA,FLORIDA,AS FOLLOWS:
Section 1. City Code Amended. That Division 7 "Youth Advisory Board" of Article III "Advisory
Boards" of Chapter 2 "Administration" of the City Code, is hereby created,to read, as follows:
DIVISION 7.—YOUTH ADVISORY BOARD
Sec.2-211.- Creation,composition and qualifications.
A. There is hereby created and established the City of Aventura Youth Advisory Board (the "Board")
consisting of seven (7) members, who are high school age residents of the City. The members of the
Board shall be appointed by the Mayor, subject to the approval of the City Commission. The members of
the Board shall be appointed in July of each year in accordance with procedures established herein and
shall hold office at the pleasure of the City Commission. Members of the Board shall serve on the Board
without compensation and shall not be reimbursed for travel, mileage, or per diem expenses as to Board
service. The members of the Board shall serve for a one-year term and may be reappointed in accordance
with the process outlined herein.
B. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a
City of Aventura Ordinance No.2017-
person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating
such office,subject to approval of the City Commission in accordance with procedures established herein.
C. In the event that a member of the Board shall be absent and unexcused from a duly-called meeting
of the Board for three consecutive meetings, then, in that event, such member shall automatically be
removed as a member of the Board effective upon notification to such person from the City Manager. An
excused absence shall be requested in writing via email, fax or letter prior to the Board meeting.
D. The City Manager or his designee shall provide or designate necessary staff support for the Board in
coordination with the City Clerk's Office.
Sec.2-212.—Process of Appointment of Board Members.
A. City Residents of high school age wishing to be a member of the Board shall make application to
the City Manager on the forms provided by the City, for City Commission consideration in July of each
year. The City Manager shall interview all applicants and make recommendation to the Mayor. The
Mayor shall make appointments to the Board from the list of applicants recommended by the City
Manager, subject to the approval of the City Commission.
B. The City Manager shall make the Board membership applications available to residents of the City
in coordination with public and private high schools which serve the high school age residents of the City.
Sec.2-213.-Advisory capacity.
The powers and duties of the Board shall be solely of an advisory nature to the City Manager and Mayor
and City Commission. The City Manager, by virtue of his office as City Manager, shall be responsible
for communicating to the City Commission the pertinent actions of the Board.
Sec.2-214.-Rules of procedure; quorum.
A. The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the
laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the
rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the
conduct of its internal proceedings.
B. At the first meeting of the Board each school year, the Board shall select one of its members to
serve as the Chairperson and another member to serve as the Vice-Chairperson.
C. Four(4) members shall constitute a quorum for the transaction of the business of the Board. Official
action shall he taken by the Board only upon the concurring vote of a majority of the members present at
an official meeting of the Board.
Sec. 2-215.- Mission;jurisdiction and duties.
A. The mission of the Board is to assist the City in educational, civic, and community events and
activities, while enabling the City to provide further educational and development opportunities to Board
Page 2 of
City of Aventura Ordinance No. 2017-_
members as high school aged residents of the City. The duties of the Board will include, but not be
limited to, participating in a mock City Commission meeting which includes local government procedures
and training, shadowing and learning from City Commissioners, City staff, and local business leaders
selected by the City, volunteering and assisting in promoting City events and other special projects
assigned by the City Manager or City Commission to the Board. A mentoring component may also be
provided by the City for those serving on the Board.
B. Any necessary action of the Board may be in the form of a written recommendation to the City
Manager, who may present the recommendation of the Board to the Mayor and City Commission.
C. The Board shall meet monthly during the regular school year.
Sec.2-216.- Standards of conduct for members.
All members of the Board shall be subject to the applicable Standards of Conduct for Public Officers and
Employees, as set by Federal, State, County, City or other applicable law pursuant to City Charter Section
7.03.
Section 2. Severability. That the provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses
and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. That it is the intention of the City Commission and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the
City of Aventura,that the sections of this Ordinance may be renumbered or relettered to accomplish such
intentions, and that the word Ordinance shall be changed to Section or other appropriate word.
Section 4. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
Page 3 of 5
City ofAventura Ordinance No. 2017-
The foregoing Ordinance was offered by Commissioner_ who moved its adoption on
first reading. This motion was seconded by Commissioner and upon being put to a vote,the
vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman _
The foregoing Ordinance was offered by Commissioner __ _who moved its adoption on
second reading. This motion was seconded by Commissioner and upon being put to a vote,the
vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg _
Vice Mayor Marc Narotsky
Mayor Enid Weisman
PASSED AND ADOPTED on first reading this 9°i day of February, 2017.
PASSED AND ADOPTED on second reading this 7'h day of March, 2017.
Page 4 of 5
City of Aventura Ordinance No. 2017-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
Page5 of 5